CHANNABASAPPA MALLPPA Vs. DY COMMR DHARWAD

JUDGEMENT

(1.) On Preliminary Hearing. The petitioner claims that he was appointed in 1957 as a Secretary of Village Panchayat, Sudambi, by the Village Panchayat Committee, Sudambi village in Byadagi Taluka. He com plains in this writ petition about the order made by the Deputy Commissioner, Dharwad District dated 21-5-80 Annexure 'D', by which he has been transferred and posted to Nidagundi village in Ron Taluka.

(2.) The first contention of the petitioner is that there is no power to transfer the petitioner from one village Panchayat to another village Panchayat'. This contention cannot be accorded in view of the provisions contained in the Karnataka Panchayats (Secretaries) (Cadre & Recruit ment) Rules 1970. The proviso to Rule 3 makes it clear that persons who were recruited under the Bombay Village Panchayats (Panchayat Secretaries) (Conditions of Services) Rules 1948 shall be deemed to have been appointed as Panchayat Secretaries under these Rules. It is, therefore, clear that the petitioner must be deemed to have been appointed under these Rules. Rule 8 of these rules provides that a person appointed under these rules to any panchayat shall be liable to be transferred to any panchayat in the district. It is therefore, clear that the petitioner cannot contend that once ft is shown that the petitioner was appointed as panchayat Secretary in respect of a particular panchayat, he is not liable to be transferred.

(3.) It was, however, contended by Sri Hegde, learned counsel for the petitioner, that under S. 80 of the Karnataka Village Panchayats & Local Boards Act, 1959, it is the Divisional Commissioner that has the power to appoint the panchayat Secretaries and hence it is only the said authority that has competence to effect the transfer of the petitioner. In this case the transfer of the petitioner has been made by the Deputy Commissioner, Dharwad District within the district itself. Sri Mandappa, learned High Court Government Pleader, invited my attention to a Division Bench decision of this Court in "B.T.Sannabasave Gowaa v. State of Karnataka (1), wherein it has been pointed out that by virtue of a notification under sub-sec. (2) of S. 197 of the Act dated 1st June 1970 published in the Mysore Gazette dated 25th June 1970, Government has delegated the power of appointment to the Deputy Commissioner concerned. It therefore, follows that by virtue of the delegated power, the Deputy Commissioner became the appointing authority. Hence, he was competent to effect the transfer within the district. The impugned order of transfer of the petitioner from one panchayat to another panchayat in the same district cannot, therefore, be successfully challenged.