M RANGAPPA Vs. AGRL PRODUCE MKTG COMM HIRIYUR

JUDGEMENT

(1.) The question involved in this writ petition is, whether the Chairman of a Market Committee is competent to place the Market Superintendent under suspension.

(2.) The facts leading up to the petition are these: The petitioner was originally a Supervisor appointed by the Agricultural Produce Market Committee, Hiriyur. In 1967, he was promoted as Market Superintendent by the said Market Committee. By Government Order dated 7th Feb. 1973, the post held by the petitioner was treated as a Government Post, and the petitioner was held to be Government servant with effect from first May 1963. The petitioner, however, continued to remain in service in the Market Committee itself. On 17th July, 1975, the Chairman of the Market Committee suspended the petitioner, with a direction to hand over charge tp another employee of the Market Committee. Calling into question the validity of the said order, the petitioner has moved this Court with an application under Art. 226 of the Constitution.

(3.) The power of the Chairman of the Market Committee is located under S. 46 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter called "the Act"). By S. 46 (1), the Chairman has been constituted as the chief controlling and supervising officer of the Market Committee. S. 46(2) (c) confers power on the Chairman to exercise supervision and control over the officers and servants (whether such officers or servants are Government servants or not) of the Market Committee in matters of executive administration, concerning accounts and records and disposal of all questions relating to the service of the employees. The order of suspension, on behalf of the Chairman of the Market Committee, is sought to be supported by the power conferred under S. 46 (2) (c). Mr. Reddy, learned counsel for the respondents, submitted that the Chairman being the chief controlling and supervising officer of the Market Committee, could suspend any officer of the Market Committee including the lent officers who are Government servants although such power has not been: specifically conferred upon the Chairman.