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2022 Supreme(Online)(Kar) 33386
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2022
BEFORE
THE HON9BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.57295/2018 (S-RES)
C/W
WRIT PETITION No.11558/2019 (S-RES)
W.P.NO.57295/2018
BETWEEN:
S SANTHOSH
AGED ABOUT 33 YEARS
S/O SIDDAPPA
BILL COLLECTOR
DODDA GUBBI GRAMA PANCHAYATH
DODDA GUBBI, BIDARAHALLI HOBLI
BANGALORE EAST TALUK
PIN CODE: 560 077
R/AT NO.297, JANATHA COLONY
DODDA GUBBI VILLAGE
BIDARAHALLI HOBLI
BANGALORE EAST TALUK
PIN CODE: 560 077.
...PETITIONER
(BY SRI V LAKSHMINARAYANA, SR.COUNSEL A/W
SRI PRATHAM, ADV.)
AND:
1. STATE OF KARNATAKA BY
DEPARTMENT OF RURAL DEVELOPMENT
PANCHAYATH RAJ
VIDHANA SOUDHA
2
BANGALORE-560 001
REP. BY ITS SECRETARY.
2. STATE OF KARNATAKA
BY CHIEF EXECUTIVE OFFICER
BANGALORE ZILLAPANCHAYATH (URBAN)
HAVING OFFICE AT S. KARIYAPPA ROAD
BANASHANKARI
BANGALORE-560 078.
3. EXECUTIVE OFFICER
TALUK PANCHAYATH
BANGALORE EAST TALUK
BANGALORE-560 036.
4. PANCHAYATH DEVELOPMENT OFFICER
DODDA GUBBI GRAMA PANCHAYATH
DODDA GUBBI, BIDARAHALLI HOBLI
BANGALORE EAST TALUK
PIN CODE : 560 077.
&RESPONDENTS
(BY SRI M.V. RAMESH JOIS, AGA FOR R1
SRI M.S.DEVARAJU, ADV. FOR R2
SRI N.SRINIVAS, ADV. FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R1 TO IMPLEMENT THE ORDER PASSED BY THE CHIEF
EXECUTIVE
OFFICER
OF
ZILLA
PANCHAYATH
DATED
15.10.2018 AT ANNEX-D.
W.P.NO.11558/2019
BETWEEN:
DODDAGUBBI GRAMA PANCHAYATH
DODDAGUBBI VILLAGE
BIDARAHALLI HOBLI
BENGALURU EAST TALUK
3
PIN CODE: 560 077
REP. BY ITS PRESIDENT
SRI R.S. SRINIVASA
S/O LATE SUBRAYAPPA
AGED ABOUT 42 YEARS.
...PETITIONER
(BY SRI B.K. MANJUNATH, ADV.)
AND:
1. S SANTHOSH
S/O SIDDAPPA
AGED ABOUT 33 YEARS
R/AT NO.297, JANATHA COLONY
DODDAGUBBI VILLAGE
BIDARAHALLI HOBLI
BANGALORE EAST TALUK
PIN CODE: 560 077.
2. CHIEF EXECUTIVE OFFICER
BENGALURU ZILLA PANCHAYATH (URBAN)
S. KARIYAPPA ROAD
BANASHANKARI
BANGALORE-560 078.
&RESPONDENTS
(BY SRI V LAKSHMINARAYANA, SR.COUNSEL A/W
SRI PRATHAM, ADV. FOR R1
SRI M.S.DEVARAJU, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 15.10.2018 PASSED BY CHIEF EXECUTIVE
OFFICER OF ZILLA PANCHAYATH R2 VIDE ANNX-F.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
4
W.P.No.11558/2019 is filed by Doddagubbi Grama
Panchayat
represented
by
its
President
against
one
Sri.S.Santhosh who is the petitioner in W.P.No.57295/2018.
In W.P.No.11558/2019 challenge is to the order dated
15.10.2018 (Annexure-D) passed by the Chief Executive
Officer, Zilla Panchayath and in W.P.No.57295/2018 prayer
is for a writ of mandamus to implement the order dated
15.10.2018.
2.
Heard learned Senior Counsel Sri.V.Lakshminarayana
along with Sri.Pratham, learned counsel for the petitioner in
W.P.No.57295/2018, learned counsel Sri.B.K.Manjunath, for
respondent
No.2/Bangalore
Zilla
Panchayat
in
W.P.No.11558/2019; Sri.N.Srinivas, learned counsel for
respondent No.4-Panchayat in W.P.No.57295/2018, learned
counsel Sri.M.S.Devaraj for respondent No.2/Zilla Panchayat.
Perused the entire writ petition papers.
5
3.
The parties would be referred to as their ranking in
W.P.No.57295/2018.
4.
Learned
Senior
counsel
Sri.V.Lakshminarayana
appearing for the petitioner in W.P.No.57295/2018 submits
that the petitioner was appointed as Bill Collector in the year
2007 to 4th respondent-Doddagubbi Grama Panchayat. The
petitioner was kept under suspension by O.M. dated
23.09.2010. Against the order of suspension, the petitioner is
said to have filed an appeal before the second respondent-
Zilla Panchayat and the Zilla Panchayat, by order dated
01.07.2011, directed the Grama Panchayat to revoke
suspension of the petitioner and to take action in accordance
with law. Thereafter, 4th respondent-Grama Panchayat
passed resolution dated 04.07.2011 resolving not to reinstate
the petitioner and to make fresh recruitment to the post of
Bill Collector. Challenging the said resolution, the petitioner
was before this Court in W.P.No.22418/2012 and this Court
by order dated 04.07.2012 relegated the petitioner to avail the
6
remedy of appeal under Section 269 of the Karnataka Gram
Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to
as '1993 Act' for short). The petitioner filed appeal before the
second respondent-Zilla Panchayat in Appeal No.1/2018-19.
The
second
respondent-Chief
Executive
Officer,
Zilla
Panchayat, by order dated 15.10.2018 directed the Grama
Panchayat to reinstate the petitioner and to pay all arrears of
salary. Petitioner is before this Court seeking for a direction
to implement the said order passed by the Zilla Panchayat.
5.
The President of Doddagubbi Grama Panchayat is
before this Court in W.P.No.11558/2019 challenging the
order passed by the Chief Executive Officer, Zilla Panchayat,
dated 15.10.2018 wherein the Zilla Panchayat directed
Doddagubbi Grama Panchayat to reinstate the petitioner and
to pay him arrears of salary.
6.
Learned counsel Sri.B.K.Manjunath would submit that
the allegation against the petitioner is that even after
directing the petitioner to join duty, the petitioner failed to
7
join duty as Bill Collector and on the other hand, he
contested the election held to the Grama Panchayat in
December 2020. In the said election, he was defeated.
Therefore, he submits that the petitioner would not be
entitled for reinstatement. To a specific query with regard to
maintainability of the writ petition by President of Grama
Panchayat, learned counsel Sri.B.K.Manjunath would submit
that the President as Executive Head of the Grama Panchayat
is empowered to file petition and represent before the Court.
He refers to Section 62 of 1993 Act to submit that the writ
petition would be maintainable.
7.
Learned counsel Sri.Srinivas appearing for Doddagubbi
Grama
Panchayat
would
submit
that
the
Panchayat
Development Officer (<PDO= for short) of Doddagubbi Grama
Panchayat has already implemented the order by placing the
matter before the Panchayat and the Panchayat is yet to take
decision on the proposal submitted by the PDO. Learned
counsel submits that the memo dated 29.07.2019 is filed
8
enclosing Office Order dated 29.07.2019 stating that the
matter is placed before the Panchayat for further action. To a
spec
