LexP. SIDDALINGAPPA versus THE STATE OF KARNATAKA AND ORS.
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A P. SIDDALINGAPPA v. THE STATE OF KARNATAKA AND ORS. SEPTEMBER 20, 1996 B (K. RAMASWAMY AND G.B. PATIANAIK, JJ.) Service Law : Kamataka Municipal Corporation Act, 1976/Kamataka Municipal Cor- C poration Rules, 1977: D E F Sections 82, 84/Rule 26-Bangalore City Corporation-Promo- tion-Revenue Officers to Deputy Commissioners-Appointment orde,-ffeld : Promoted Deputy Commissioners-Power to appoint vests with the Com- missioner and not with the Govemment. CIVIL APPELLATE JURISDICTION: Civil Appeal No.12872 of 1996. From the Judgment and Order dated 23.1.96 of the Karnataka High Court in W.A. No. 1265 of 1993. Rama Joise and S.N. Bhat for the Appellant. Vijaya Shankar, K.R. Nagraja and Kishan Tyagi for the Resp~dents. The following Order of the Court was.delivered: 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 G 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, H ea/th Officer etc. - ( 1) The Govern- ment shall appoint for every corporation such officers of the State Civil Services as it considers suitable to be the engineer, health H officer, revenue officer, chief accounts officers and council 610 • P.SIDDALINGAPPAv. STATE 611 secretary for the efficient functioning of the corporation and such A officers shall be subordinate to the Commissioner. The Govern- ment may also appoint one or more Deputy Commissioners and Assistant Commissioners who shall exercise such powers and dis- charge such functions as may be specified in the rules. They shall be subordinate to the Commissioner. B (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for a period of three years and if the corporation by two thirds majority of its members so desire he shall be withdrawn C earlier and another person appointed.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- D 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 E determined by the Government from time to time which shall be met out of the corpdration fund and shall be entitled to leave and other privileges in accordance with the rules and regulations· ap- plicable to the Government service to which he belongs and in force· for the time being, and the corRoration shall make such contribution towards his leave allowance, pension and provident F 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 cotporation estab- G lisltment. - (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 Administra- tive Service and the posts, referred to in Section 82 shall be made by the Commissioner in accordance with this act, the rules and the H A B c D 612 SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R. regulations framed thereunder." Rule 26 of the Karnataka Municipal Corporation Rule, l977 (for short, the 'Rule') envisages mode of appointment and the source of ap- pointment as under : "SI. Posts Method of appointment of Officer No. of No. Posts 1. .............. 2. Deputy By deputation of an Officer from the 1 Commissioner I.AS. Cadre By deputation of an Officer (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. II ............ A reading of Section 82(1) and (4) 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 E Engineer, Health Officer, Re
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