Case Note & Summary
The petitioner, Devendra S/o Ramu Vaggan, was appointed as a Bill Collector by the Gram Panchayat Suntanur, Aland Taluk, Kalaburagi District. He was removed from service based on a report from the Karnataka Lokayukta (respondent No.2) and a subsequent order by the State Government (respondent No.1), followed by a resolution of the Gram Panchayat. The petitioner challenged these orders by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking quashing of the Lokayukta report dated 05.08.2016, the government order dated 02.11.2016, and the resolution and order of removal dated 11.12.2017. The main legal issues were whether the petitioner was a public servant under the Karnataka Lokayukta Act, 1984, and whether the removal was in violation of natural justice. The petitioner argued that he was not a public servant as defined under the Act and that no opportunity of hearing was given before removal. The respondents contended that the Lokayukta had jurisdiction and the removal was valid. The High Court, after hearing arguments, held that the petitioner was not a public servant under Section 2(12) of the Karnataka Lokayukta Act, 1984, as a Bill Collector of a Gram Panchayat does not fall within the definition. The court further held that the impugned orders were passed without any show cause notice or opportunity of hearing, violating principles of natural justice. Additionally, the removal was not by the competent appointing authority. Consequently, the court allowed the writ petition, quashed the impugned orders, and directed the respondents to reinstate the petitioner with continuity of service and all consequential benefits.
Headnote
A) Service Law - Removal from Service - Natural Justice - Petitioner was removed from service as Bill Collector based on a Lokayukta report and government order without any show cause notice or opportunity of hearing - Held that such removal is in gross violation of principles of natural justice and cannot be sustained (Paras 4-6). B) Karnataka Lokayukta Act, 1984 - Definition of Public Servant - Petitioner was a Bill Collector of Gram Panchayat, not a public servant under Section 2(12) of the Act - Held that the Lokayukta had no jurisdiction to investigate or recommend removal (Paras 4-6). C) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Appointment and Removal - The appointment of Bill Collector is by Gram Panchayat and removal can only be by the appointing authority after following due process - Held that the impugned orders were passed by authorities not competent to remove the petitioner (Paras 4-6).
Issue of Consideration
Whether the petitioner, a Bill Collector of Gram Panchayat, is a public servant under the Karnataka Lokayukta Act, 1984, and whether the impugned orders removing him from service were passed in violation of principles of natural justice and by competent authority.
Final Decision
The writ petition is allowed. The impugned order dated 05.08.2016 (Annexure-D) passed by respondent No.2, order dated 02.11.2016 (Annexure-H) passed by respondent No.1, resolution dated 11.12.2017 (Annexure-N) passed by respondent Nos.6 and 7, and order dated 11.12.2017 (Annexure-P) are quashed. The respondents are directed to reinstate the petitioner into service with continuity of service and all consequential benefits.
Law Points
- Natural justice
- Opportunity of hearing
- Public servant definition
- Karnataka Lokayukta Act
- 1984
- Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Removal from service
- Writ of certiorari
