D S NANJAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The six petitioners in these cases were hereditary Shanbhogues working in various villages of Chickmagalur Taluk, who after the abolition of the hereditary principle continue to hold the office by virtue of sub-sec. (2) of S.16 of the Mysore Land Revenue Act, 1964. They were sought to be replaced by persons appointed under a common order dated 29th June, 1970, made by Sri P. Puttarangapppa, who has signed the same as Deputy Commissioner I/c, Chickmagalur District. The letters 'I/c' are known abbreviation for the expression 'in charge' which by common usage, connotes that the officer who has signed the order was not himself the Deputy Commissioner but one in charge of the Office of the Deputy Commissioner.

(2.) The case of the petitioners that the said officer in charge of the position of Deputy Commissioner was not competent to appoint persons as Village Accountants and that therefore the petitioners could not be relieved of their position as Village Accountants, turns upon the language of S.16 of the Land Revenue Act. We therefore give below a full copy of both the sub-secs.(1) and (2) of S.16 of the Land Revenue Act, 1964. "16. Village Accountant -(1) The Deputy Commissioner may, subject to the general orders of the State Government and the Divisional Commissioner, appoint a Village Accountant for a village or group of villages and he shall perform all the duties of a Village Accountant prescribed in or under this Act or in or under any other law for the time being in force, and shall hold office under and be governed by such rules as may be prescribed. (2) Persons holding the office of a Village Accountant for a village or group of villages immediately prior to the commencement of this Act shall be deemed to be Village Accountants for such village or group of villages till another person is appointed under sub-sec.(1)."

(3.) As already stated, the petitioners had continued to hold the Office of Village Accountant by virtue of provisions of sub-sec.(2) of the Act. By the aforesaid sub-section they are entitled to continue till another person ia appointed under sub-sec.(1) of the Act. The appointment under sub-sec.(1) is an appointment which can he made by the Deputy Commissioner.