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2025 DAILYLAW 66248 (KAR)

SRI D T VALMIKI S/O TIPPANNA v. THE REGIONAL COMMISSIONER

WP/107864/2025 · 2025-10-27

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO.107864 OF 2025 (S-KAT) BETWEEN: SRI. D.T. VALMIKI S/O TIPPANNA AGE. 54 YEARS, DEPUTY TAHASILDAR, REVENUE DEPARTMENT, NADAKACHERI, BETAGERI, TQ. AND DIST. GADAG, R/A SOMESHWAR NILAYA, ISHWAR BADAVANE, RAJIV GANDHI NAGAR, BETAGERI 582101, TQ. AND DIST. GADAG. …PETITIONER (BY SRI. MADANGOUDA N. PATIL AND SRI. BASAVARAJ GARADIMANI, ADVOCATES) AND: 1. THE REGIONAL COMMISSIONER, BELAGAVI DIVISION, BELAGAVI 590002. 2. THE DEPUTY COMMISSIONER, GADAG DISTRICT, GADAG 582101. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.10.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.11070/2025 VIDE ANNEXURE-A AND ALLOW THE APPLICATION AS PRAYED FOR & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ petition filed under Article 226 of the Constitution of India by Deputy Tahsildar belonging to the Revenue Department, is directed against the interim order dated 15.10.2025 passed in Application No.11070/2025 by the Karnataka State Administrative Tribunal at Belagavi1, whereunder the interim prayer of the petitioner to stay the order of suspension dated 29.9.2025 (Annexure-A3) is refused. 2. Heard the learned counsel Sri. Madanagouda N Patil for the petitioner and learned Govt. Advocate Sri. G.K. Hiregoudar for the respondents/State Authorities. Perused the entire writ petition papers. 3. Learned counsel Sri. Madanagouda N Patil seeks to urge only one ground that the Deputy Commissioner, who has kept the petitioner under suspension, has no jurisdiction to pass the order of suspension. It is the specific contention of 1 For short ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 the learned counsel for the petitioner that the petitioner was promoted as Deputy Tahsildar by order dated 31.01.2012 of the Regional Commissioner, Belagavi Division. As such, it is submitted that the Regional Commissioner, who is the Appointing Authority insofar as the petitioner is concerned, has got jurisdiction or the Authority to keep the petitioner under suspension. Learned counsel would invite attention of this Court to Rule 10 of Karnataka Civil Services (Classification, Control & Appeals) Rules, 19572 to contend that the Appointing Authority or any Authority to which it is subordinate or any other authority empowered by the Government in this behalf may place a government servant under suspension. As the Deputy Commissioner is not the Appointing Authority in relation to the petitioner, learned counsel for the petitioner would submit that the Tribunal ought to have granted the interim prayer by staying the order of suspension. 2 For short ‘CCA Rules’ - 4 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 4. Further, learned counsel Sri. Madanagouda Patil would also invite attention of this Court to Schedule-II to CCA Rules to contend that insofar as Deputy Tahsildars, Shirestedars and Stenographers are concerned, the Regional Commissioner is the Appointing Authority and he is the only Authority, who could exercise the power of keeping the petitioner under suspension. Thus, it is prayed for allowing the writ petition by setting aside the order dated 15.10.2025 passed by the Tribunal and to stay the impugned order of suspension dated 29.9.2025 (Annexure-A3). 5. Learned Govt. Advocate, on the other hand, for the respondents/State Authorities would submit that the Deputy Commissioner is empowered to keep the Group-C and D officials of the District in terms of Note (2) of Rule 10(8) of CCA Rules under suspension. It is submitted that the Deputy Commissioner is the Disciplinary Authority insofar as imposition of minor penalty against Group-C and D officials of the District are concerned. Learned Govt. Advocate invites attention of this Court to Rule 9 of CCA Rules, whereunder the - 5 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 Deputy Commissioner is empowered to impose on Tahsildars and Block Development Officers, any of the penalties specified in clauses (ii) to (iii-a) of Rule 8 of CCA Rules. It is contended that when the Deputy Commissioner is empowered to impose minor penalty on Group-C and D officials, it cannot be contended that the Deputy Commissioner has no jurisdiction or competence to keep the Group-C and D officials of the District under suspension. Thus, he would pray for dismissal of the writ petition with costs. 6. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are not inclined to accept the contention of the learned counsel for the petitioner and the writ petition is liable to be rejected with exemplary costs. 7. No doubt, the petitioner is promoted as Deputy Tahsildar by order dated 31.01.2012 of the Regional Commissioner, Belagavi. The post of Deputy Tahsildar is a Group-C post. Rule 10(1) of CCA Rules would state that the Appointing Authority or any Authority to which it is - 6 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 subordinate or any other authority empowered by the Government in this behalf may place a government servant under suspension. The above Rule makes it clear that any Authority empowered by the Government in the matter of suspension may place a government servant under suspension. Note (2) to Sub-Rule (8) of Rule 10 of CCA Rules makes it abundantly clear that the Deputy Commissioners are delegated the power to suspend Group-C and D officials of all State Civil Services working in the District, except the Karnataka Judicial service employees. Therefore, we are of the considered opinion that the Deputy Commissioner of the District is conferred with the power of suspending the Group-C and D officials of the District. 8. Rule 9(2)(b)(ii) of CCA Rules empowers the Deputy Commissioners to impose on Tahsildars and Block Development Officers any of the penalties specified in clauses (ii) to (iii-a) of Rule 8. So also, Schedule-II to CCA Rules empowers the Deputy Commissioners to impose minor penalty under Rule 8 (ii) to (iv-a) on all Group-C officials of the - 7 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 Revenue Department. When the Deputy Commissioner is conferred with the power of Disciplinary Authority in respect of Group-C officials to impose minor penalty, at any stretch of imagination, it cannot be said that the Deputy Commissioner is not conferred with the power to keep the Group-C officials under suspension. The contention of the petitioner is misconceived. To maintain the discipline in the District Administration, the Deputy Commissioner of the District is empowered to keep the Group-C officials of the District of any Departments except Judicial service. 9. The petitioner ought to have urged all these grounds before the Tribunal. The petitioner is before this Court even before the Tribunal considering all these contentions. 10. In the above circumstances, the writ petition stands rejected with costs of Rs.25,000/- payable to the High Court Legal Services Committee, Dharwad Bench, Dharwad within a period of 15 days from today. Failing to do so as directed above, Dharwad High Court Legal Services Committee - 8 - HC-KAR NC: 2025:KHC-D:14362-DB WP No. 107864 of 2025 shall request the concerned Deputy Commissioner to deduct the said costs from the salary of the petitioner and remit the same to the High Court Legal Services Committee, Dharwad Bench, Dharwad. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 41