SUBBAIAH T V Vs. DEPUTY COMMISSIONER BANGALORE

JUDGEMENT

(1.) At the stage of admission, the respondent-Deputy Commissioner, Bangalore, is notified. Accordingly, the respondent has put in appearance through a Government Pleader. Hence, the matter is taken up for final hearing.

(2.) This civil revision petition is directed against the order dated 25-7-1981 passed by the learned District Judge, Bangalore (Rural Dist.), Bangalore, in Misc. 2 of 1979 holding that in an appeal under S.298 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as 'the Act'), the Court has no power to remand the surcharge or charge proceeding to the original authority.

(3.) Sec 296 of the Act, empowers the Commissioner to surcharge or charge illegal payment or loss caused by gross negligence or misconduct after following the procedure as is provided in the said section. Against an order of surcharge or charge, an appeal is provided to the District Court by an aggrieved person. Sub-sec. (1) of S. 298 of the Act, reads as follows: