He was suspended following the death of Sanjana Singh on July 1, 2010, caught under the collapsed wall of the Veterinary College on Bellary Road.
The petitioner, Padmanabha had challenged his suspension by the Additional Commissioner, BBMP on July 13, 2010 stating that since he was deputed from the Public Works Department (PWD) to BBMP, the latter cannot initiate action against him.
He was suspended following a Lokayukta report dated July 12, 2010 indicting him. He said that the BBMP was neither an appointing authority nor an authority superior to the appointing authority and he cannot be suspended by an authority, which is not competent in law.
“The Additional Commissioner is not even an authority empowered by the Government to place the petitioner under suspension,” Padmanabha submitted.
He also submitted that he was in no way responsible for the collapse of the retaining wall on July 1 as it was constructed during June 2009, while another agency had constructed the upper portion of the wall with the length 127 meters in 2008. He said that even the content of the Lokayukta report was not made known to the petitioner.
Mentioning that the suspension is without application of mind, the petitioner described it as a drastic action with an intention to appease ‘a section of people, journalists, and others.’
Pointing out that the impugned order is void ab initio, (to be treated as invalid from the outset) the petitioner requested to quash it. The tribunal, which heard the matter, has stayed the suspension in view of 'lacuna in law.' The petitioner has also requested the tribunal to call for records.
DH News Service