The High Court of Karnataka has directed the State government to appoint only the officers belonging to the IAS cadre to the two posts of the Special Deputy Commissioners for Bengaluru Urban district while terming the appointment of two KAS officers to these posts in 2019 as contrary to a notification issued in 2014.
A Division Bench comprising Justice B.V. Nagarathna and Justice Hanchate Sanjeevkumar passed the order while disposing of a PIL petition filed by Vasudeva Reddy, a city-based advocate.
The petitioner had questioned the Government Order of November 28, 2019, posting two KAS officers, K.M. Jagadish and Basavaraj as Special DC-1 and Special DC-2 respectively.
The Bench noted that the Government Order of October 10, 2014 very clearly specifies creation of two posts of Special DC-1 and Special DC-2 in addition to the post of Deputy Commissioner for Bengaluru Urban district besides specifying that the two posts would of IAS cadre.
Also, the Bench noted that the 2014 notification specified that the two special DCs would discharge duties assigned to them independently and not as sub-ordinate to the DC.
The government, the Bench said, had bifurcated the duties by entrusting the Special DC-1 the responsibilities of Bengaluru north sub-division and the Special DC-2 with the responsibilities of Bengaluru south sub-division. They were empowered to discharge quasi-judicial functions under specified provisions of the Karnataka Land Revenue Act, 1964, the Inam Abolition Act, the Right to Information Act, 2005, the rehabilitation of displaced persons, etc, which were not entrusted to the DC.
During the hearing, the government itself pointed out that Regional Commissioner, Bengaluru Division, had on October 2019 brought to the notice of the Additional Chief Secretary that only officers of the IAS cadre could be appointed as per the Government Order and earlier decision of the High Court.
The Bench directed the government to appoint officers of the IAS cadre with these posts within a month.
