Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1663 WP No. 34532 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34532 OF 2024 (LB-BMP) BETWEEN:
1.
SRI YOGESH B S S/O SOMAIAH AGED ABOUT 47 YEARS, WORKING AS ASSISTANT GENERAL MANAGER SWM, BBMP, DODDABIDRAKALLU BENGALURU-560 073. …PETITIONER (BY SRI. V SRINIVAS., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY IT'S SECRETARY TO URBAN DEVELOPMENT DEPARTMENT MS BUILIDING, AMBEDKARVEEDI, BENGALURU 560 001.
2.
THE CHIEF COMMISSIONER N R SQUARE, BBMP HEAD OFFICE BANGALORE -560 001.
3.
THE DEPUTY COMMISSIONER, (ADMINISTRATION) NR SQUARE BBMP HEAD OFFICE, BENGALURU 560 001.
4.
THE MANAGING DIRECTOR BANGALORE SOLID WASTE MANAGEMENT VASANTH NAGAR BANGALORE -560 052.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1663 WP No. 34532 of 2024
5.
THE CHIEF OPERATING OFFICER VASANTH NAGAR BANGALORE -560 052.
…RESPONDENTS
(BY SRI. RAHUL CARIAPPA., AGA FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 27.11.2024 BEARING NO.
B12(6)PR/217/24-25 ISSUED BY THE R-3 VIDE ANNX-J TO THE WRIT PETITION AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OF LIKE NATURE AND DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONER TILL THE TERM IS COMPLETED IN THE R-4 ORGANIZATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The petitioner is challenging an order of repatriation.
2. It is not in dispute that the petitioner has been deputed to the BBMP. It is also not in dispute that
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NC: 2025:KHC:1663 WP No. 34532 of 2024
the order of deputation does not guarantee of tenure to the petitioner.
3. Since the petitioner has no legal right to insist that he should be on deputation for a minimum period, the challenge in this Writ Petition to the order of repatriation cannot be sustained.
4. However, learned counsel for the petitioner submits that the order of repatriation is stigmatic inasmuch as allegations are made that the repatriation is made on the basis of the certain mis-conduct committed by the petitioner.
5. In my view, it would be appropriate to permit the petitioner to give a representation to the BBMP to remove the imputations made in the order of repatriation.
6. If such a representation is made, the same shall be considered within a period of two weeks and necessary orders shall be passed as to whether the
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NC: 2025:KHC:1663 WP No. 34532 of 2024
imputations made in the order of repatriation should stand or should be deleted. This Writ Petition is, accordingly, disposed of.
7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
HNM List No.: 1 Sl No.: 23