The Karnataka High Court
Credit: DH Photo
Bengaluru: The Dharwad bench of the Karnataka High Court stayed the suspension order against an engineer at Ballari City Corporation, who was punished for clearing the banner of the corporator's husband.
“This would be a classic case of abuse of power by the Disciplinary Authority to place an officer under suspension who has only removed the banner that was erected in a prohibited area. Therefore, the order of suspension, which is on the face of it mala fide and a product of abuse of power, will not be permitted to stand. The impugned order of suspension shall remain stayed till the next date,” Justice M Nagaprasanna said.
The petitioner Munaph Patel Kahadar is an Assistant Executive Engineer (Environment) in Ballari City Corporation. The Corporation had passed a resolution that no banner or advertisement of any kind should be placed at several places in the city.
The resolution stated that putting up any banner or cutout at these places would be in violation of Karnataka Open Places (Prevention of Disfigurement) Act.
In the first week of October, the corporation staff removed the banner put up at Sangam circle, one of the places mentioned in the resolution, belonging to one Shrinivas. Pursuant to this drive, On October 9, the Secretary, Urban Development passed an order placing the petitioner under suspension, based on the recommendation of the Commissioner of the Corporation.
The court said, “Only because the banner was of the husband of the Corporator, an axe of suspension has fallen on the petitioner. The petitioner who has only performed his duty in accordance with law is now facing the ire of suspension only because it is the political masters who are dictating such orders of suspension albeit prima facie."
"It further shocks that the Commissioner of the Corporation who was a signatory to the resolution of the Corporation quoted supra recommends that the petitioner should be placed under suspension and the Secretary Urban Development has passed an order of suspension on the said score.”
The court ordered notice to the respondent authorities and posted the matter to December 2 for further hearing.