ALLISAB HUSENSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is working as Superintendent in Ilubli Dharwar Municipal Corporation. His next promotion in the Corporation is to the cadre of the Assistant Commissioner. He has challenged in this petition, the validity of the tules framed by the State Government under S. 421 of the Karnataka Municipal Corporations Act, 1976 (The Act"). His main grievance is that there was no reasonable opportunity for him and other like employees to put forward their objections or suggestions against the draft of the rules published by the Government.

(2.) A few more facts are necessary to be stated to appreciate the contention urged for the petitioner. The State Government wanted to have uniform rules regulating the conditions of service of all the employees of the Corporations established in the State. In that view, the draft rules called 'the Karnataka Municipal Corporations Rules, 1977" made under S. 421 of the Act were published in the Karnataka, Gazette (Exy.) dated 28th October, 1977 under Notification No. HMA 270 MNU 77 dated 27th October, 1977. By the No ification, the objections or suggestions were invited from persons likely to be affected thereby on or before the 7th of November, 1977.

(3.) But copies of the Gazette publishing the draft rules were not made available to the public till 3rd of November 1977. That is evident from the rules published in the Karnataka Gazette (Exy.) dated 22nd December, 1977 under Notification No. HMA. 270 MNU. 7 dated 19th December, 1977. The preamble to the said notification (Ext. 'C') reads, as follows: -