LAWS(KAR)-1975-9-14

AWABA NANA PATIL Vs. DIVISIONAL COMMR BELGAUM

Decided On September 23, 1975
AWABA NANA PATIL Appellant
V/S
DIVISIONAL COMMR, BELGAUM Respondents

JUDGEMENT

(1.) The petitioner was the President of Sadalga Town Municipal Council. Oh the allegation that he had allowed a third party to make use of a licence issued in favour of the Municipal Council for buying 300 bags of cement at a time when cement was a controlled commodity, proceedings were initiated by the Divisional Commissioner against the petitioner under sub-sec. (10) of S. 42 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the Act) and he was called upon to show cause as to why he should not be removed from his office. After considering the explanation given by the petitioner the Divisional Commissioner came to the conclusion that the petitioner was guilty of misconduct "in mis-utilising the cement permit obtained by him in the name of the Town Municipal Council, Sadalga", and directed his removal from the office of the President by his order dated 28-10-1973. In this writ petition, the petitioner has questioned the correctness of the said order.

(2.) The fact that the petitioner had allowed a third party by name R. J. Patil to purchase cement with his own money on the strength of a permit issued in favour of the Town Municipal Council is not in dispute. It is also not disputed that the law governing the distribution of cement did not allow trafficking in such permit. It may be that on a later date R. J. Patil had placed at the disposal of the Municipal Council a quantity of cement equivalent to the quantity that he purchased on the strength of the permit. But that however does not absolve the petitioner from the irregularity committed by him.

(3.) The question urged by Sri Krishna Murthy, learned counsel for the petitioner, in support of the petition is that the Divisional Commissioner had no competence to remove the petitioner under S. 42(10) of the Act. S. 42(10) reads: