P G RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition challenging the order passed by the Karnataka Administrative Tribunal in Application No. 4224 of 2007 was admitted on 19-9-2007. Respondents were given two weeks to file counter-affidavit. Though Respondent No. 3 has filed statement of objections, Respondents 1 and 2 have not filed any counter-affidavit.

(2.) THE challenge in Application No. 4224 of 2007 was against the transfer of the applicant (3rd respondent herein) as Commissioner, shimoga Urban Development Authority. Admittedly there was no stay of the impugned transfer during the pendency of Application No. 4224/2007. Consequently the impugned order of transfer had taken effect and the 3rd respondent has been functioning as Commissioner, Shimoga Urban development Authority and the petitioner is not working anywhere as he has not been given any posting.

(3.) ACCORDING to sub-section (1) of Section 365 of the Karnataka municipalities Act,1964 (hereinafter referred to as the Act), notwithstanding anything contained in the Act or in any other law for the time being in force, such posts under every local authority as may be specified by Government shall be filled by appointment of officers belonging to the Karnataka Municipal Administrative Service. The Government of karnataka had issued Order No. HUD 110 EMC 95 (I) dated 5-3-1996 notifying the City Municipal Councils which are legally entitled to have a municipal Commissioner Grade-I borne on the Karnataka Municipal administrative Service. Urban Development Authority, Shimoga is one of such City Municipal Councils notified by the Government as per order dated 5-3-1996. Hence in view of the provisions contained in sub-section (1) of Section 365 of the Act only an officer belonging to the Karnataka municipal Administrative Service shall be appointed as Commissioner, urban Development Authority, Shimoga. The 3rd respondent is not a member of the Karnataka Municipal Administrative Service. He is an officer belonging to the Karnataka Co-operative Administrative Service. Therefore the 3rd respondent is not eligible to be appointed as commissioner of Shimoga Urban Development Authority.