K R DATTATRAYA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who was a village officer was removed from the office by the Assistant Commissioner, Davanagere Sub-Division, under his order dated 14th July, 1961 marked as Ext. C. On appeal, the Deputy Commssioner, Chitradurga, confirmed the Assistant Commissioner's order. Against this order a revision petition was preferred by the petitioner before the Mysore Revenue Appellate Tribunal, Bangalore under S. 17(1) of the Mysore Village Offices Act, 1908. This revision petition was dismissed by the Tribunal. The reason given for the dismissal of the above revision petition is as hereunder:

(2.) As mentioned already, the petitioner had commenced the proceedings much earlier than when the above Act came into force which was in 1961. The Assistant Commissioner's order is dated 14-7-1961. Therefore the provisions of S. 12(3) (b) save these proceedings. Therefore, the Revenue Appellate Tribunal ought to have considered the petitioner's revision petition on its merits and should have disposed of the same in accordance with law. The impugned order of the Tribunal dated 12-1-1967 in Revision Petition No. 104 of 1966 (V.O.) is hereby quashed with a direction that the Tribunal will dispose of the application in accordance with law.

(3.) For the reasons stated above, this writ petition as allowed. In the circumstances, there will be no order as to costs.