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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.49103/2017 (S – RES)

BETWEEN

K. MANJUNATH

S/O LATE KRISHNAPPA,

AGED ABOUT 41 YEARS,

WORKING AT THE OFFICE OF

THE MUNICIPALITY JIGANI,

BENGALURU URBAN DISTRICT – 560 105.

... PETITIONER

(BY SRI MAHESH B.N., ADVOCATE (PHYSICAL HEARING))

AND

1.

THE STATE OF KARNATAKA

DEPARTMENT OF MUNICIPAL ADMINISTRATION,

V.V. TOWER, AMBEDKAR VEEDI,

BENGALURU – 560 001

REPRESENTED BY ITS SECRETARY.

2.

THE DIRECTOR

DEPARTMENT OF MUNICIPAL ADMINISTRATION,

V.V. TOWER, AMBEDKAR VEEDHI,

BENGALURU – 560 001.

3.

CHIEF EXECUTIVE OFFICER

ZILLA PANCHAYATH,

BENGALURU URBAN DISTRICT,

KARYAPPA ROAD,

2

BANASHANKARI,

BENGALURU – 560 070.

4.

EXECUTIVE OFFICER

TALUK PANCHAYATH,

ANEKAL TALUK, ANEKAL,

BENGALURU URBAN DISTRICT – 562 106.

5.

THE CHIEF OFFICER

MUNICIPALITY, JIGANI,

ANEKAL TALUK,

BENGALURU URBAN DISTRICT – 560 105.

6.

THE DEPUTY COMMISSIONER

BENGALURU URBAN DISTRICT,

K.G. ROAD, BENGALURU – 560 001.

... RESPONDENTS

(BY SMT.M.C.NAGASHREE, AGA FOR R1, R2 AND R6 (PHYSICAL

HEARING);

SRI M.S.PRAKASH, ADVOCATE FOR R4 & R5 (PHYSICAL

HEARING);

R3 SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO i) TO CALL OF

RECORDS FROM THE OFFICE OF THE RESPONDENT NO.2 VIDE ANNX-A

DATED 31.08.2016 AND ANNX-B DATED 07.10.2017 AND ALSO OFFICE

OF THE MUNICIPALITY JIGANI ANEKAL; ii) DIRECT THE RESPONDENT

NO.2 DIRECTOR DEPARTMENT OF MUNICIPAL ADMINISTRATION BY

ISSUING THE WRIT IN THE NATURE CERTIORARI TO QUASH ANNX-A

DATED 31.08.2016 AND ANNX-B PASSED BY THE 2ND RESPONDENT

DIRECTOR DATED 07.10.2017 BY SETTING ASIDE THE ANNX-A DATED

31.08.2016 AND ANNX-B DATED 7.10.2017 BY ALLOWING THIS WP.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

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ORDER

The petitioner in this writ petition calls in question an

order dated 31.08.2016, by which the petitioner who was

functioning as a Bill Collector is demoted to the post of an

Attender and a consequent direction being issued on

07.10.2017, rejecting the representation of the petitioner for

continuance in the post of Bill Collector.

2. Heard Sri Mahesh B.N., learned counsel for petitioner,

Smt. M.C.Nagashree, learned Additional Government Advocate

for first, second and sixth respondents, Sri M.S.Prakash,

learned counsel for fourth and fifth respondents and perused

the material on record.

3. Brief facts of the case leading to the filing of the writ

petition as borne out from the pleadings are as follows:-

Fifth respondent, when it was still Jigani Grama

Panchayath (hereinafter to as ‘the Panchayath’ for short)

appointed the petitioner by way of a resolution dated

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07.11.2003, as an Electrician and after about 10 years of the

functioning of the petitioner he was placed in the cadre of the

Bill Collector. This resolution of the Panchayath placing the

petitioner as Bill Collector was placed before the Chief

Executive Officer for his approval as is required under the Act

and the same was also approved by the Chief Executive

Officer. Pursuant to such approval, the Panchayath issued an

Office Order regularizing such promotion on 27.08.2014.

Therefore, the appointment/promotion of the petitioner to the

post of Bill Collector became an act in accordance with law.

4. Panchayath was upgraded as a Municipality on

02.09.2015 and after the Panchayath was upgraded as the

Municipality, the petitioner was asked to produce certain

documents to substantiate his qualification that he had

possessed to hold the post of Electrician/Bill Collector. It is

stated in the order that the petitioner did not produce any

documents and hence, he was demoted to the post of

Attender in terms of S