Mallappa Murigeppa Sajjan and ors. Vs. the State of Karnataka and ors. - Court Judgment

Excerpt:
.....under section 84, the commissioner is an appointing authority. no doubt, rule 26 of the rules refers to the post of assistant engineer. however, the rules are framed in exercises of power of subordinate legislation, whereas section 84 is a provision under the act and it confers power on the commissioner to make appointment. even, if the rules state that the state government is an authority, that will not have any overriding effect on the provisions of the act. irrespective of the validity of the rule, the provisions of the legislation will prevail over the subordinate legislation. .....one week. as the said direction has spent itself, it is unnecessary to state anything further on the aforesaid, direction of the government and the d. c. on the, expiry of the period specified therein, no further direction was issued and 'therefore' the tribunal started functioning and was functioning till 22-7-1979. but, again on 23-7-1979 the d.c. issued a direction to a.c. conveying a phone message by him from government directing the suspension of the working of the tribunal until further orders. that message issued by the d.c. received on that day at about 3:30 p.m. when the tribunal was holding its sitting, reads thus:- 'phone message to special assistant commissioner, land tribunal, muddebihal.working of mdbl. trbl sd. be suspended, until further

Judgment:
ORDER

1. Whether , this Government 28-7-1979 are also adjourned until further can suspend the working of the Tribunal constituted under Section 48 of the Karnataka Land Reforms Act of 1961 (hereinafter referred to as the Act) is the principal and important question that arises for my determination in this case. In order to decide that and other question it is necessary to notice the facts in the first instance.

2. Some time in September 1978, Government reconstituted the Tribunal for the Muddebilial Taluk of Bijapur District, In that reconstitution, Government in addition to, appointing the Assistant Commissioner of the revenue, sub-division having jurisdiction over the taluk (hereinafter referred to as 'the A. C.') as the Chairman of the said Tribunal, appointed the petitioners and respondent No. 4 who will be hereafter referred to as the petitioners as the non-official members of the said Tribunal which has been functioning with those persons ever since its reconstitution.

3. On 15-6-1979, the Deputy, Commissioner Bijapur(hereinafter referred to as 'the D. C.') acting on the directions of the Government directed the A. C. not to hold the Tribunal sitting for one week. As the said direction has spent itself, it is unnecessary to state anything further on the aforesaid, direction of the Government and the D. C. On the, expiry of the period specified therein, no further direction was issued and 'therefore' the Tribunal started functioning and was functioning till 22-7-1979. But, again on 23-7-1979 the D.C. issued a direction to A.C. conveying a phone message by him from government directing the suspension of the working of the Tribunal until further orders. That message issued by the D.C. received on that day at about 3:30 p.m. When the Tribunal was holding its sitting, reads thus:-

'Phone Message to Special Assistant Commissioner, Land Tribunal, Muddebihal.

WORKING OF MDBL. TRBL SD. BE SUSPENDED, UNTIL FURTHER