BENGALURU: The High Court of Karnataka has quashed suspension of MB Nagaraj, executive engineer, Health and Family Welfare Department, in connection with the Bowring Hospital compound wall collapse case in which seven people died.
Two committees have been formed. It is for the committees to submit their reports indicating any dereliction of duty on the part of the petitioner. If the petitioner is found guilty, the respondent (state) is free to exercise its powers under Clause (d) of sub-rule (1) of Rule 10 of CCA Rules, observed a vacation division bench of Justice Suraj Govindaraj and Justice K Manmadha Rao, while allowing a petition filed by Nagaraj on May 21.
The counsel for the petitioner said PWD has constituted a team under the deputy commissioner of Bengaluru Urban district to conduct an investigation. In addition, a committee of PWD officials has been formed to technically examine the case and submit a report within a week. Without any recommendations from the committees, the petitioner could not be suspended and there is no prima facie evidence, which has been recorded in the order of suspension issued on May 1, he said.
The government advocate said the petitioner, who is the executive engineer in-charge of the location, is prima facie evidence enough for his implication, and it is for that reason that powers under Clause (d) of sub-rule (1) of Rule 10 have been exercised.