K.J. BASAVARAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner was selected and appointed on 21.11.1993 as a Bill Collector by the then Mandal Panchayat, Inkal. Said Panchayat having been bifurcated, on 01.04.1994, the Chief Executive Officer, Zilla Panchayat, Mysore, posted the petitioner to Belwadi Grama Panchayat, Taluk and District Mysore. The 1st respondent having passed an order dated 22.11.2013, vide Annexure-A, in exercise of the power under S. 43-A of the Panchayat Raj Act, 1993 (for short, 'the Act') removing Smt. Bhagya Lokesh, an elected member, from the membership of Belwadi Grama Panchayat, since the said order contains an observation as against the petitioner also, W.P. No. 56613/2013 has been filed. Acting on the said order, the Panchayat Development Officer of Belwadi Grama Panchayat having passed an order of suspension dated 17/21.12.2013 placing the petitioner under suspension, this writ petition was filed on 23.12.2013, to quash the order of suspension, as at Annexure-B and also the offensive portion of order dated 22.11.2013, as at Annexure-A. Sri. R.L. Patil, learned advocate for the petitioner submitted that the prayer for quashing of offensive portion of the order dated 22.11.2013, vide Annexure-A is not pressed, since for the very same relief, W.P. No. 56613/2013 has been filed. Submission of the learned counsel is recorded. Since, Smt. Bhagya Lokesh has questioned the order, as at Annexure-A, in W.P. 57143/2013, W.P. No. 56613/2013 be tagged with W.P. No. 57143/2013.

(2.) Sri R.L. Patil, contended that by virtue of the provision in S. 113 of the Act, the Appointing Authority of the petitioner being the Grama Panchayat, the Panchayat Development Officer was devoid of jurisdiction or power to suspend the petitioner, pending disciplinary enquiry and that the impugned order is a nullity.

(3.) Sri P.B. Bajentri and Sri B.J. Somayaji, learned advocates appearing for the respondents, did not dispute the fact that the Appointing Authority of the petitioner is the Grama Panchayat. They submitted that, if the impugned order is interfered with, the Grama Panchayat may be set free to take the decision in the matter of suspension or otherwise of the petitioner.