H S MAHESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this case, the petitioner has challenged the validity of the order at Annexure 'c' dated 21. 10. 2008 whereby the third respondent was appointed as the District Commandant of Home Guards ('district Commandant' for short) of Tumkur District with immediate effect.

(2.) THE brief facts of the case are as follows: one B. Shivakumar was appointed as the district Commandant of Home Guards by an order dated 22. 3. 2007 till 17. 5. 2008. The petitioner herein was appointed as the District commandant by an order dated 21. 7. 2007 (Annexure 'a') B. Shivakumar challenged the said order appointing the petitioner as the district Commandant of Home Guards of tumkur District in W. P. No. 11706/2007. This court granted an interim stay of the said order. The third respondent here in was appointed as the District Commandant by an order at Annexure 'c' dated 21. 10. 2008 with immediate effect. W. P. No. 11706/2007 filed by B. Shivakumar was disposed of as having become in fractious by an order dated 18. 11. 2008. It is contended that appointment of the third respondent as the District Commandant was illegal and opposed to the karnataka Home Guards Act 1962 for short 'act') and the Rules made thereunder (for short 'rules' ). It is further contended that the procedure prescribed for appointment of district Commandant has not been followed while appointing the third respondent under the notification at Annexure'c'.

(3.) FIRST and second respondents have filed the statement of objections contending that the director General of Police and Commandant general, Home Guards and Director Civil defence in her letter dated 19. 8. 2008 has forwarded the names with their bio-data through the Deputy Commissioner, who had applied for the post of District Commandant, Home guards, Tumkur, with a request to call a meeting of the selection committee to select suitable candidate as District Commandant for the tumkur District from among the candidates applied for the said post. Accordingly, the selection committee meeting was convened on 20. 8. 2008 tinder the Chairmanship of Secretary, Home Department. The Superintendent of Police, Tumkur District, vide his letter dated 15. 10. 2008 has reported that there is no black mark on the third respondent though he had participated in an agitation to protest against the act of garlanding the Bharatha Matha image with chappal garland. As per the powers delegated under Section 3 (2) of the Act, the state Government has appointed Sri r. Ravikumar the third respondent as the District Commandant of Tumkur District It is further contended that the petitioner herein belongs to Janatha Dal (Secular) party.