Karnataka High Court
Mohan S Gabbur vs The Secretary To Government on 17 November, 2020
Author: P.B.Bajanthri
Bench: P.B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI
WRIT PETITION NO.28306/2016(S-RES)
BETWEEN:
MOHAN S. GABBUR,
SON OF LATE SHANKARAPPA
46 YEARS, WORKING AS
SECOND DIVISION ASSISTANT
OFFICE OF THE JOINT
COMMISSIONER (ENFORCEMENT)
HUBLI. ... PETITIONER
(BY SRI. SHIVABASAVA S.G., ADVOCATE)
AND:
1. THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001
2. THE COMMISISONER OF
COMMERCIAL TAXES IN
KARNATAKA, I MAIN ROAD,
GANDHINAGAR,
BANGALORE - 560 009. ... RESPONDENTS
(BY SRI. T.P. SRINIVASA, AGA FOR R1 AND R2)
THIS WRIT PETITION FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE RECORDS OF THE APEX COURT IN B.V.
THIMMAPPA AND OTHERS VS. HONNAPPA PHAKEERAPPA
NAIKAR AND OTHER REPORTED IN 1994 SUPP (1) SUPREME
COURT CASES 124 WHERE BASAVARAJ B. KERISHETTAR
2
AND R.DASE GOWDA BEING THE COMMERCIAL TAXES
DEPARTMENT OFFICIALS AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING - B GROUP PHYSICAL HEARING / VIDEO
CONFERENCING HEARING (OPTIONAL), THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In the instant petition, petitioner has prayed for the following reliefs:-
a) Direct the Respondent No.1 and 2 to implement the Karnataka Civil Service (Service and Kannada Language Examinations) Rules 1974 w.e.f.
10.01.1974 onwards insofar as petitioner is concerned.
b) And issue such other further appropriate order and deemed fit in the facts and circumstances of the above said case.
2. Undisputedly, petitioner is in the cadre of Second Division Assistant working in the office of Joint Commissioner (Enforcement), Commercial Department, Hubli. Petitioner's grievance is required to be redressed before the Karnataka Administrative 3 Tribunal in view of the Administrative Tribunals Act, 1985.
3. The Apex Court in the case of L.Chandra Kumar vs. Union of India reported in (1997) 3 SCC 261 and this Court in the case of Sri.Shivaprasad Biradar vs. Karnataka Lokayukta and others in W.A.No.200715/2018 (S-DE) and B.Suresh Vs. State of Karnataka and others reported in 2002(5) KLJ 202 (DB). In the case of Sri.B.Suresh Vs. State of Karnataka and others. Paragraphs 8 and 9 held as under:-
"8. We are fortified in this view by decision in Piar Chand v. Himachal Pradesh Public Service Commission, where a Division Bench of the Himachal Pradesh High Court considered an identical question and held that service under the Public Service Commission is a 'Civil Service' of the State and members of its staff are holding civil posts under the State. The following observations are relevant:
"The State, referred to in Article 323A and Section 15 of the Administrative Tribunals Act cannot be, equated with the Government; the Government being only a limb of the State. It is true that the Public Service Commission is an independent body established under Article 315 of the Constitution..... The functions of the Public 4 Service Commission are enumerated in Article 320 of the Constitution. The Public Service Commission though independent of the Government is also an organ of the State machinery and service under the State Public Service Commission is part of the Civil Service of the State".
9. We therefore, direct that these two petitions be transferred to the Karnataka Administrative Tribunal for disposal in accordance with law."
4. In view of the aforesaid principle laid down by this Court and the Apex Court, the present petition is transmitted to Karnataka Administrative Tribunal.
Registry is hereby directed to transmit the writ papers to the Karnataka Administrative Tribunal. Karnataka Administrative Tribunal is requested to re-number this writ petition into application and make all necessary endeavour to decide the petitioner's application at the earliest. Accordingly, writ petition stands disposed of.
Sd/-
JUDGE KPS