- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) The admitted position is that the Karnataka Municipal Corporation Rules were framed under the Kamataka Municipal Corporation Act, 1976 (14 of 1977. The appointing authority in respect of various posts governed under the provisions of the Act is regulated by S. 82 and 84 of the Act. Section 82 reads as under: "82.Appointment of Engineer, Health Officer etc.- (1 The government shall appoint for every corporation such officers of the State Civil Services as it considers suitable to be the Engineer, Health Officer, Revenue Officer, Chief Accounts Officer and council secretary for the efficient functioning of the corporation and such officers shall be heads of their respective departments in the corporation and they shall be subordinate to the Commissioner. 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. They shall be subordinate to the Commissioner. (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for a period of three years and if the corporation by two-thirds majority of its members so desire he shall be withdrawn earlier and another person appointed.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 Ss. (1 shall be whole-time officers of the corporation and shall not undertake any work unconnected with their offices. (4 Every officer of the government appointed under Ss. (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 leave and other privileges in accordance with the rules and regulations applicable to the government service to which he belongs and in force for the time being and the corporation shall make such contribution towards his leave allowances, pension and provident 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 corporation establishment.- (1 Subject to the provision of S. 85 and 86 appointment to posts on the corporation establishment other than those borne on the cadre of the Karnataka Municipal Administrative Service, and the posts referred to in Section 82 shall be made by the Commissioner in accordance with this Act, the rules and the regulations framed thereunder. ";