Karnataka High Court
Sri Yogesh B S vs The State Of Karnataka on 16 January, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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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,
Digitally
signed by BENGALURU 560 001.
KIRAN
KUMAR R
Location: 2. THE CHIEF COMMISSIONER
HIGH N R SQUARE, BBMP HEAD OFFICE
COURT OF
KARNATAKA 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.
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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 -3- 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 -4- 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