B.T. Sannabasave Gowda and anr. Vs. State of Mysore and ors. - Court Judgment
|Court||Karnataka High Court|
|Case Number||Writ Petn. Nos. 3070 and 3075 of 1971|
|Judge||A. Narayana Pai, C.J. and ;V.S. Malimath, J.|
|Reported in||AIR1972Kant351; AIR1972Mys351|
|Acts||Mysore Village Panchayats and Local Boards Act, 1959 - Sections 80 and 197(2)|
|Appellant||B.T. Sannabasave Gowda and anr.|
|Respondent||State of Mysore and ors.|
|Appellant Advocate||N. Basavaraju and ;B.G. Sridharan, Advs.|
|Respondent Advocate||K.S. Puttaswamy, High Court Govt. Pleader|
- labour & services. dismissal from service: [subhash b. adi, j] dispensation of disciplinary enquiry - electricity (supply) act (54 of 1948) section 79 and karnataka electricity board employees (conduct, discipline, control & appeal) regulations, 1987, regulation 14 petitioner alleged to have been involved in theft - criminal complaint also lodged in this regard - however, based on same evidence criminal court held that charge of theft is not proved and also recovery is not proved by prosecution - disciplinary authority relying upon admission of criminal charge by petitioner before investigation officer and in charge sheet, passing order of dismissal held, not proper, particularly, when enquiry was dispensed with and petitioner had no opportunity before disciplinary authority. further,.....narayana pai, c.j.1. the petitioners in these cases question or impugn the appointments made by the deputy commissioner of the respondents as panchayat secretaries which have the result of displacing the petitioners from their position as panchayat secretaries.2. the only ground on which the appointment made by the deputy commissioner is assailed is. that the appointment could have been competently made only by the divisional commissioner under section 80 of the mysore village panchayats and local boards act, 1959, and not by the deputy commissioner of the district.3. but under section 197 (2) of the mysore village panchayat and local boards act the government may by a notification delegate to the deputy commissioner any of the powers conferred by the act on the commissioner. by an order.....
Narayana Pai, C.J.
1. The petitioners in these cases question or impugn the appointments made by the Deputy Commissioner of the respondents as Panchayat Secretaries which have the result of displacing the petitioners from their position as Panchayat Secretaries.
2. The only ground on which the appointment made by the Deputy Commissioner is assailed is. that the appointment could have been competently made only by the Divisional Commissioner under Section 80 of the Mysore Village Panchayats and Local Boards Act, 1959, and not by the Deputy Commissioner of the District.
3. But under Section 197 (2) of the Mysore Village Panchayat and Local Boards Act the Government may by a notification delegate to the Deputy Commissioner any of the powers conferred by the Act on the Commissioner. By an order No. DPC 24 VET 70 dated 1st June 1970. published in the Mysore Gazette dated the 25th June 1970, the Government have authorised the Deputy Commissioners to appoint Village Accountants as Secretaries of Village Panchayats with an annual income of less than Rs. 12,000/-and also to appoint whole-time Secretaries temporarily in respect of Town Panchayats and Village Panchayats with an annual income of Rs. 12,000/- or more, from among persons then working as Secretaries having been recruited, as. per rules in force and who have passed the Lower Secondary Examination and are less than 50 years of age.
4. It is clear therefore that the Deputy Commissioner did have the power or competence to appoint the respondent-Village Accountants as Panchayat Secretaries also.
5. Both the writ petitions are, therefore, dismissed.