IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35957 of 2009(L) -------------------------- PETITIONER(S): --------------- SIVANANDAN.S. ASSISTANT ENGINEER (UNDER SUSPENSION) KRP (KARAPPUZHA IRRIGATION PROJECT) SECTION NO.2/1. KALPETTA, WAYANAD. (RESIDING AT NELLIVILA VEEDU, MULAVANA POST, KOLLAM, PIN-691503.) BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT WATER RESOURCES (GW) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, CAUVERY CELL IRRIGATION, KOZHIKODE. Govt. pleader Smt. Anu Sivaraman THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.35957 OF 2009 (L) -------------------------------------------------- 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 WPC.No.35957 /09 :2 : 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/ WPC.No.35957 /09 :3 :