B H KATTI Vs. DIVISIONAL COMMISSIONER BELGAUM

JUDGEMENT

(1.) In this writ petition presented by an Asst. Executive Engineer of the PWD working on deputation on the establishment of the Town Municipal Council, Dandeli in the Dist. of UK, the following question of Law arises for consideration : Whether the Divnl. Commr. of the Division has the power to place any Asst Executive Engineers who are Cl. II officers of the PWD under suspension ?

(2.) 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 and is disposed of by this order.

(3.) The facts of the case, in brief, are as follows : The petitioner is holding the post of an Asst. Executive Engineer in the PWD of the State Government. He is a Cl. II officer. The services of the petitioner were placed at the disposal of the Dandeli Municipal Council on 10 2-1981. The terms of deputation were set out in the Annexure to the letter dt. 20th Octr., 1981 addressed by the Government to the Accountant General, copy of which is produced as Annexure-A. The contents of the annexure indicates that the petitioner's service during the period he was serving on the establishment of the Dandeli Municipal Council was treated as foreign service and he was also entitled to foreign service allowance. The impugned order dt. 25-1 83 has been made by the Divnl. Commr., Belgaum Dn. By the said order, the petitioner has been placed under suspension pending inquiry. The petitioner has challenged the legality of the said order on the ground that the Divisional Commr. had no authority to place the petitioner under suspension.