HC quashes appointment of KAS officers as special DCs of Bengaluru Urban

The High Court has quashed the government order appointing two KAS officers, K M Jagadeesh and Basavaraj, as special deputy commissioners of Bengaluru Urban district.

A division bench headed by Justice B V Nagarathna has also directed the Department of Personnel and Administrative Reforms (DPAR) to post IAS officers for these posts so as to discharge their duties, as quasi judicial officers, under section 136 (3) and such other provisions under the Karnataka Land Revenue Act.

The PIL is filed by Vasudeva Reddy, a city-based advocate. The petition sought directions restraining two officers from exercising power contemplated under section 136 (3) and section 67 (2) of the Karnataka Land Revenue Act, 1964, insofar as Bengaluru Urban district.

The special deputy commissioners I and II are discharging their duties for Bangalore North Division and Bangalore South Division.

The bench noted that the appointment of two KAS officers as special deputy commissioners runs contrary to the government order dated October 10, 2014, which specifies that only IAS officers have to be posted to the two posts.

The bench also noted that the appointment is in contravention of the High Court order in a PIL on August 26, 2014, wherein the government had clarified that the special deputy commissioners appointed on temporary basis (KAS cadre) were not required to exercise powers under section 136(3) of the KLR Act.

“Therefore, the respondent-state is directed to appoint the officers belonging to IAS cadre as Special Deputy Commissioners I and II to discharge their duties under the provisions of the Karnataka Land Revenue Act, 1964, particularly Section 136(3) and such other provisions which are of a quasi judicial in nature,” the court said, adding that this exercise shall be made within a period of one month from the date of receipt of the order.