B S SHIVALINOE GOWDA Vs. COMMISSIONER MANGALORE

JUDGEMENT

(1.) The petitioner who is a Senior Inspector of Co-operative Societies in the department of Co-operation of the State Governmeat has questioned the legality of an order made by the Dy. Commissioner, DK Dist., by which, he has been placed under suspension. The petition has come up for preliminary hearing, after notice to the respondent. By consent of both the counsel the petition is taken up for final hearing.

(2.) R.10 of the Karnataka Civil Services (CCA) Rules, 1957 (hereinafter referred to as 'the Rules') empowers the appointing authority or any authority to which the appointing authority Is subordinate to place a civil servant under suspension pending departmental inquiry. The said rule also empowers the Government to authorise any officer subordinate to the appointing authority to place a specified class of civil servants under suspension. But so far as the Dy. Commr. of a district Is concerned, though he is not the appointing authority for various Class III posts in. different departments of the State Government, a special power is conferred ; vide R. 9 (e) of the Rules, It reads :

(3.) Sri S. V. Narasimhan, learned High Court Government Pleader appearing for the respondent submitted that the Dy. Commissioner had been specifically empowered to place Class III and Class IV officials of different departments of the State Government under suspension, vide Notfn. dt. 11th Decr., 1975. A copy of that notification has been produced. It reads : Government of Karnataka No. GAD 24 SSR 75 Kar. Government Secretariat, Vidhana Soudha, Bangalore, dt. 11th Decr. 75. Notification In exercise of the powers conferred by sub-rule (1) of R. 10 of the Kar. Civil Services (CCA) Rules, 1957, the Government of Karnataka hereby empowers the Dy. Commissioner of a district, for the purpose of the said rule, in respect of Government servants belonging to Class III and IV service of all State Civil Services except the Karnataka Judicial Ser. vice, working in the district under the immediate administuactive control of any officer who does not have jurisdiction beyond the limits of the district. By order and in the name of the Governor of Karnataka Sd/ (M. Shankaranarayana) Add1. Secry. to Government, GAD". (Underlined (italics) by me) The aforesaid notification no doubt empowers the Dy. Commissioner to place a Class III civil servant of the department of Co-operation also under suspension. But the power conferred on the Dy. Commr, under the notification is qualified. It states that that power is restricted to Class III officials working in the district under the immediate administrative control 'of any officer who does rot have jurisdiction beyond the limits of the district.