HC stays dismissal of former tahsildar in land grant case

The High Court of Karnataka on Tuesday stayed the dismissal order against an official issued by the Principal Secretary, Department of Personnel and Administrative Reforms.

A division bench comprising Justice A S Bopanna and Justice H B Prabhakar Sastry granted stay after hearing a petition filed by E Ramakrishnappa, under secretary and public information officer, Department of IT, BT, Science and Technology.

Ramakrishnappa had challenged the Karnataka Administrative Tribunal’s (KAT) charge memo which accused him of misconduct while exercising quasi judicial powers under the Karnataka Land Revenue Act, 1964, as tahsildar of Srinivaspur taluk. He was accused of exercising powers in contravention of the Act, by granting 134 acres, 18 guntas of government and forest land illegally to unauthorised occupants. He was accused of dereliction of duty and misuse of powers in contravention of the Karnataka Civil Service (Conduct) Rules. The alleged misconduct pertains to changing of khata and regularisation of land of unauthorised occupants.

Replying to the charge memo, Ramakrishappa had contended that his actions exercising quasi judicial power cannot be the subject matter of the enquiry. However, KAT dismissed his application. The petitioner challenged the KAT order contending that the tribunal had erred in not considering a high court order in a similar case. The high court held that a quasi judicial authority cannot be held for misconduct and the orders passed by it is subject to judicial supervision and cannot be subjected to departmental enquiry.