LAWS(KAR)-2019-2-90

SRINIVAS Vs. ASSISTANT COMMISSIONER TUMKUR DISTRICT

Decided On February 22, 2019
SRINIVAS Appellant
V/S
Assistant Commissioner Tumkur District Respondents

JUDGEMENT

(1.) Though the matter is listed for "Hearing - Interlocutory Application", with the consent of the learned counsel on both sides, the mater is heard and disposed of finally.

(2.) The petitioner and the 4th respondent filed application for the post of Gram Sahayaka. After enquiry in the village, the 3rd respondent-Revenue Inspector submitted a report to the Tahsildar recommending the petitioner for appointment as Gram Sahayaka. It is also reported by the Revenue Inspector that with respect to the 4th respondent herein a criminal case is registered in Crime No.233/2012 in Huliyurudurga Police Station, therefore the 4th respondent was not recommended. Consequently, the petitioner herein was appointed as Gram Sayahaka at Paduvagere Circle, Amruthuru Hobli, Kunigal Taluk of Tumakur District, by order dated 11.11.2016.

(3.) Being aggrieved by the rejection of the 4th respondent's application, the 4th respondent approached the 1st respondent-Assistant Commissioner invoking the Provisions of Section 49 read with Section 25 of Karnataka Land Revenue Act. Notice was issued to the petitioner and the petitioner filed objections before the Assistant Commissioner. After consideration of the case of the petitioner and the 4th respondent, the Assistant Commissioner allowed the appeal filed by the 4th respondent and cancelled the appointment of the petitioner herein. The Assistant Commissioner further directed the Tahsildar to call for fresh applications for appointment of Gram Sahayaka. The petitioner being aggrieved by the order passed by the Assistant Commissioner, is before this Court.