Holding

Appointments of Deputy Commissioners promoted from the Revenue Officers cadre are to be made by the Municipal Commissioner, not the Government.

Summary

The appellant challenged the authority to appoint Deputy Commissioners who were promoted from the cadre of Revenue Officers of the Bangalore City Corporation under the Karnataka Municipal Corporation Act, 1976. The dispute centered on whether the Government or the Municipal Commissioner had the power to make such appointments. The Court examined Sections 82 and 84 of the Act, noting that Section 82 authorises the Government to appoint certain officers, while Section 84, subject to Sections 85 and 86, vests appointment power for posts not covered by Section 82 in the Commissioner. Rule 26 of the 1977 Rules further clarifies the modes of appointment, indicating that promotions from the Revenue Officer cadre fall under the Commissioner’s jurisdiction. Consequently, the Court held that the Government cannot appoint these promoted Deputy Commissioners; the Commissioner must do so. The appeal was allowed, setting aside the Division Bench’s order and confirming the single judge’s decision without costs.

Issues considered

Whether the Government or the Municipal Commissioner has the authority to appoint Deputy Commissioners promoted from the Revenue Officers of Bangalore City Corporation under the Karnataka Municipal Corporation Act, 1976.

Legislation cited

Karnataka Municipal Corporation Act, 1976s. 82, s. 84, s. 85, s. 86
Karnataka Municipal Corporation Rules, 1977s. Rule 26

Subjects

Service LawAppointment AuthorityDeputy CommissionerPromotionMunicipal CorporationKarnataka Municipal Corporation ActRule 26Government vs Commissioner

Judgment

A P. SIDDALINGAPPA
v.
THE STATE OF KARNATAKA AND ORS.

SEPTEMBER 20, 1996

B (K. RAMASWAMY AND G.B. PATIANAIK, JJ.)

Service Law :

Kamataka Municipal Corporation Act, 1976/Kamataka Municipal Cor-
C poration Rules, 1977:
Sections 82, 84/Rule 26-Bangalore City Corporation-Promo-
tion-Revenue Officers to Deputy Commissioners-Appointment orde,-ffeld
: Promoted Deputy Commissioners-Power to appoint vests with the Com-
missioner and not with the Govemment.
D
CIVIL APPELLATE JURISDICTION: Civil Appeal No.12872 of
1996.

From the Judgment and Order dated 23.1.96 of the Karnataka High
Court in W.A. No. 1265 of 1993.
E
Rama Joise and S.N. Bhat for the Appellant.

Vijaya Shankar, K.R. Nagraja and Kishan Tyagi for the Resp~dents.

The following Order of the Court was.delivered:
F Leave granted.

We have heard learned counsel on both sides. The admitted position
is that the Karnataka Municipal Corporation Rules were framed under the
Karnataka Municipal Corporation Act, 1976. The appointing authority in
G respect. of various posts governed under the provisions of the Act is
regulated by Sections 82 and 84 of the Act. Section 82 reads as under :

"82. Appointment of Engineer, H ea/th Officer etc. - (1) The Govern-
ment shall appoint for every corporation such officers of the State
Civil Services as it considers suitable to be the engineer, health
H officer, revenue officer, chief accounts officers and council
610
P.SIDDALINGAPPAv. STATE 611

secretary for the efficient functioning of the corporation and such A
officers shall be subordinate to the Commissioner. The Govern-
ment may also appoint one or more Deputy Commissioners and
Assistant Commissioners who shall exercise such powers and dis-
charge such functions as may be specified in the rules. They shall
be subordinate to the Commissioner.
B
(2) The Government shall, in consultation with the Mayor, appoint
an officer not below the rank of an Assistant Commissioner to be
• the council secretary. The officer appointed shall be on deputation
ordinarily for a period of three years and if the corporation by two
thirds majority of its members so desire he shall be withdrawn C
earlier and another person appointed. It shall be the duty of the
council secretary to attend every meeting of the corporation and
the standing committees and he shall perform such other duties as
are imposed on him by or under this Act.

(3) The officers appointed under sub-section (1) shall be whole- D
time officers of the corporation and shall not undertake any work
unconnected with their offices.

(4) Every officer of the Government appointed under sub-sections
(1) and (2) shall be paid by the corporation such salary as may be E
determined by the Government from time to time which shall be
met out of the corpdration fund and shall be entitled to leave and
other privileges in accordance with the rules and regulations· ap-
plicable to the Government service to which he belongs and in
force· for the time being, and the corRoration shall make such
contribution towards his leave allowance, pension and provident F
fund as may be payable under such rules and regulations by him
or on his behalf."

Section 84 reads as under :

"84. Appointment to the other posts on the cotporation estab- G
lisltment. - (1) Subject to the provision of Section 85 and 86
appointment to posts on the corporation establishment other than
those borne on the cadres of the Karnataka Municipal Administra-
tive Service and the posts, referred to in Section 82 shall be made
by the Commissioner in accordance with this act, the rules and the H
612 SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R.

A regulations framed thereunder."

Rule 26 of the Karnataka Municipal Corporation Rule, l977 (for
short, the 'Rule') envisages mode of appointment and the source of ap-
pointment as under :
B "SI.
No.
1.
Posts

..............
Deputy
Method of appointment of Officer
No. of
Posts
.
By deputation of an Officer from the
2. 1
Commissioner I.AS. Cadre
c
By deputation of an Officer (Senior
scale) from the K.A.S. Cadre in the
Cadre of K.A.S. (Senior scale)
By promotion from the Cadre of
D revenue Officers of Bangalore City
Corporation. ............ II

A reading of Section 82(1) and (4) conjointly would indicate that the
Government is empowered to appoint to the every Corporation such
officers of the State Civil Services as it considers suitable to be the
E Engineer, Health Officer, Revenue Officer, Chief Accounts Officer and
Council Secretary. The Government may also appoint one or more Deputy
Commissioners and Assistant Commissioners who shall exercise such
powers and discharge such functions as may be specified in the Rules.
Sub-section (4) postulates that every officer of the Government appointed
p under sub-section (1) and (2) shall be paid by the Corporation such salary
as may be determined by the Government from time to time which shall
be met out of the Corporation fund and shall be entitled to all the service
benefits enumerated therein. Section 84, as stated earlier, is subject to
Sections 85 and 86 and it also says that appointment to posts other than
those borne on the cadres of the Karnataka Municipal Administrative
G Servic;:e and the posts referred to in Section 82 shall be made by the
Commissioner in accordance with the Act, the rules and the regulations
framed thereunder. It would thus be seen that such of the officers of the
State Government which are appointed by the State would function under
the control of the Commissioner. In addition, the Commissioner also has
H power under Section 82 to appoint Deputy Commissioner or assistant
p :smIJALINGAPPAv. STATE 613

. Commissioners by promotion in accordance with the procedure of the Act, A
the rules and regulations framed thereunder. Clause (2) in the Schedule of
Rule 26 envisaged that Deputy Commissioners are appointed by the
Government by deputation of an officer from the IAS cadre and also by

- deputation of an officer (senior scale) from K.AS. cadre in the cadre of
KA.S. (senior scale); Deputy Commissioners by promotion from the cadre
of Revenue Officers of Bangalore City Corporation. In other words, under
sub-section (1) of Section 82, the Government may also appoint one or
B

more Deputy Commissioners who are the IAS officers or senior scale
officers, Karnataka Administrative Service cadre officers. But, as regards
the Deputy Commissioners promoted from the cadre of the Revenue
officers of the Bangalore City Corporation, by operation of sub-section (1) c
of Section 84, it is the Commissioner who is empowered to make appoint-
ment to such posts according to the Act, rules and regulations framed
thereunder. Resultantly, promoted Deputy Commissioners from the
Revenue Officers of the Bangalore City Corporation are required to be
appointed by the Commissioner and Government have no power to make D
appointments of them.

The appeal is accordingly allowed. The judgment and order of the
Division Bench made in Writ Appeal No. 1265 of 1993 dated January 23,
1996 stands set aside and that of learned single Judge stands confirmed but
in the circumstances without costs. E

G.N. Appeal allowed.

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