PETITIONER:
P. SIDDALINGAPPA
Vs.
RESPONDENT:
THE STATE OF KARNATAKA & ORS.
DATE OF JUDGMENT: 20/09/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT
HEADNOTE
JUDGMENT
ORDER
Leave granted.
We have heard learned counsel on both sides.
The admitted position is that the Karnataka Municipal Corporation Rules were framed under the Karnataka Municipal Corporation Act, 1976. The appointing authority in respect of various posts governed under the provisions of the Act is regulated by Sections 82 and 84 of the Act. Section 82 reads as under :-
"82. Appointment of Engineer,
Health Officer etc. - (1) The
Government shall appoint for every
corporation such officers of the
State Civil Services as it
considers suitable to be the
engineer, health officer, revenue
officer, chief accounts officers
and council secretary for the
efficient functioning of the
corporation and such officers shall
be subordinate to the Commissioner.
The Government may also appoint one
or more Deputy Commissioners and
Assistant Commissioners who shall
exercise such powers and discharge
such functions as may be specified
in the rules. They shall be
subordinate to the Commissioner.
(2) The Government shall, in
consultation with the Mayor,
appoint an officer not below the
rank of an Assistant Commissioner
to be the council secretary. The
officer appointed shall be on
deputation ordinarily for a period
of three years and if the
corporation by two thirds majority
of its members so desire he shall
be withdrawn earlier and another
person appointed. It shall be the
duty of the council secretary to
attend every meeting of the
corporation and the standing
committees and he shall perform
such other duties as are imposed on
him by or under this Act.
(3) The officers appointed under
sub-section (1) shall be whole-time
officers of the corporation and
shall not undertake any work
unconnected with their offices.
(4) Every officer of the
Government appointed under sub-
sections (1) and (2) shall be paid
by the corporation such salary as
may be determined by the Government
from time to time which shall be
met out of the corporation fund and
shall be entitled to leave and
other privileges in accordance with
the rules and regulations
applicable to the Government
service to which he belongs and in
force for the time being, and the
corporation shall make such
contribution towards his leave
allowance, pension and provident
fund as may be payable under such
rules and regulations by him or on
his behalf." Section 84 reads as under :
"84. Appointment to the other
posts on the corporation
establishment. - (1) Subject to the
provision of Section 85 and 86
appointment to posts on the
corporation establishment other
than those borne on the cadres of
the Karnataka Municipal
Administrative Service and the
posts referred to in Section 82
shall be made by the Commissioner
in accordance with this Act, the
rules and the regulations framed
thereunder."
Rule 26 of the Karnataka Municipal Corporation Rule, 1977 (for short, the ’Rule’) envisages mode of appointment and the source of appointment as under : ------------------------------------------------------------ SL Method of appointment of No of Post. No posts Officer ------------------------------------------------------------ 1. ....... By deputation of an Officer 1
from the I.A.S. Cadre 2. Deputy By deputation of an Officer Commissioner (Senior scale) from the K.A.S.
Cadre in the Cadre of K.A.S.
(Senior Scale)
By promotion from the Cadre of Revenue
Officers of Bangalore City Corporation
A reading of Section 82(10 and (40 conjointly would indicate that the Government is empowered to appoint to the every Corporation such officers of the State Civil Services as it considers suitable to be the Engineer, Health Officer, Revenue Officer, Chief Accounts Officer and Council Secretary. The Government may also appoint one or more Deputy Commissioners and Assistant Commissioners who shall exercise such powers and discharge such functions as may be specified in the Rules. Sub-section (4) postulates that every officer of the Government appointed under sub-section (1) and (2) shall be paid by the Corporation such salary as may be determined by the Government from time to time which shall be met out of the Corporation fund shall be entitled to all the service benefits enumerated therein. Section 84, as stated earlier, is subject to Sections 85 and 86 and it also says that appointment to posts other than those borne on the cadres of the Karnataka Municipal Administrative Service and the posts referred to in Section 82 shall be made by the Commissioner in accordance with the Act, the rules and the regulations framed thereunder. It would thus be seen that such of the officers of the State Government which are appointed by the State would function under the Control of the Commissioner. In addition, the Commissioner also has power under Section 82 to appoint Deputy Commissioner or Assistant Commissioners by promotion in accordance with the procedure of the Act, the rules and regulations framed thereunder. Clause (2) in the Schedule of Rule 26 envisaged that Deputy Commissioners are appointed by the Government by deputation of an officer (senior scale) from K.A.S. cadre in the cadre of K.A.S. (senior scale); Deputy Commissioners by promotion from the cadre of Revenue officers of Bangalore City Corporation. In other words, under sub-section (1) of Section 82, the Government may also appoint one or more Deputy Commissioners who are the IAS officers or senior scale officers. But, as regards the Deputy Commissioners promoted from the cadre of the Revenue Officers of the Bangalore City Corporation, by operation of sub-section (1) of Section 84, it is the Commissioner who is empowered to make appointment to such posts according to the Act, rules and regulations framed thereunder. Resultantly, promoted Deputy Commissioners from the Revenue Officers of the Bangalore City Corporation are required to be appointed by the Commissioner and Government have no power to make appointment of them.
The appeal is accordingly allowed. The judgment and order of the Division Bench made in Writ Appeal No. 1265 of 1993 dated January 23, 1996 stands set aside and that of learned single Judge stands confirmed but in the circumstances without costs.