IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35957 of 2009(L)
1. SIVANANDAN.S. ASSISTANT ENGINEER
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CHIEF ENGINEER, IRRIGATION AND
3. THE CHIEF ENGINEER, CAUVERY CELL
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.35957 OF 2009 (L)
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Dated this the 14th day of December, 2009
J U D G M E N T
Petitioner was an Assistant Engineer working at
Padinharathara in Banasura Sagar Irrigation Project. He
continued in the post till 4.1.2008 and was transferred.
Subsequently, on 26.1.2008, there was a slippage of massive
quantity of soil from the top into the canal bed. The incident
resulted in the death of 3 workers. An enquiry committee was
constituted by the Government and based on its
recommendation, petitioner was placed under suspension by
Ext.P5 order. petitioner applied for revocation of the suspension
order and that is rejected by Ext.P7. It is challenging Ext.P7 that
this writ petition is filed.
2. The contention raised by the petitioner is that he was on
duty only till 4.1.2008 and the accident occurred long thereafter
and therefore cannot be made liable. This contention of the
petitioner has been dealt with in Ext.P7 where it is stated that the
accident had occurred not because of any lapse after 4.1.2008,
but was due to faulty work that was allowed to continue. It was
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also stated that there are irregularities in the calculation of earth
removed and other measurements. If this be the factual position,
having regard to the gravity of the situation I cannot find fault
with the Government in taking a view as in Ext.P7.
3. In the circumstances, I am not inclined to interfere with
Ext.P7.
Writ petition fails and is dismissed.
(ANTONY DOMINIC)
JUDGE
vi/
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