Disposed¶39

Sri Yogesh B S v. the State of Karnataka

Karnataka HC16 Jan 2025WP/34532/2024

Case brief

AI extract

What is this about?

Deputation to BBMP; repatriation order dated 27.11.2024 (No. B12(6)PR/217/24-25) challenged; no legal right to insist on minimum deputation tenure; order alleged to be stigmatic for imputing misconduct; liberty to represent to BBMP for deletion of imputations, consideration within two weeks; Articles 226 and 227 Constitution of India; WP No. 34532 of 2024 (LB-BMP); High Court of Karnataka; Justice N S Sanjay Gowda; petition disposed of.

What did the court decide?

Liberty to the petitioner to make a representation to the BBMP for removal of the imputations made in the order of repatriation; the representation to be considered within two weeks and orders passed on whether the imputations should stand or be deleted. ¶39

Sri Yogesh B S Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's challenge to the order of repatriation can be sustained, given that his deputation to BBMP does not guarantee him any tenure and he has no legal right to insist on a minimum period of deputation. +1 more

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Court's answer

Since the petitioner has no legal right to insist that he should be on deputation for a minimum period, the challenge in the writ petition to the order of repatriation cannot be sustained.

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Ratio / Principle

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.

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Key takeaways

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 imputations made in the order of repatriation should stand or should be deleted.ratio¶34

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by an Assistant General Manager (SWM), BBMP, who had been deputed to the BBMP, challenging his repatriation order dated 27.11.2024 bearing No. B12(6)PR/217/24-25 issued by respondent No. 3 (Deputy Commissioner, Administration, BBMP) and seeking a mandamus to continue him till completion of his term in the R-4 organization (Bangalore Solid Waste Management). Held: (i) it was not in dispute that the petitioner had been deputed to the BBMP and that the order of deputation did not guarantee him tenure; having no legal right to insist on a minimum period of deputation, the challenge to the order of repatriation could not be sustained; (ii) however, on the submission that the repatriation order was stigmatic as it alleged certain misconduct by the petitioner, the Court permitted the petitioner to give a representation to the BBMP to remove the imputations made in the order of repatriation, directing that such representation be considered within two weeks and necessary orders passed as to whether the imputations should stand or be deleted. Writ petition disposed of; pending interlocutory applications stood disposed of.

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NC: 2025:KHC:1663 WP No. 34532 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34532 OF 2024 (LB-BMP)

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BETWEEN:

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SRI YOGESH B S

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S/O SOMAIAH

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AGED ABOUT 47 YEARS, WORKING AS ASSISTANT GENERAL MANAGER SWM, BBMP, DODDABIDRAKALLU BENGALURU-560 073.

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…PETITIONER

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(BY SRI. V SRINIVAS., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY IT'S SECRETARY TO URBAN DEVELOPMENT DEPARTMENT MS BUILIDING, AMBEDKARVEEDI, BENGALURU 560 001.

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THE CHIEF COMMISSIONER N R SQUARE, BBMP HEAD OFFICE BANGALORE -560 001.

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THE DEPUTY COMMISSIONER, (ADMINISTRATION) NR SQUARE BBMP HEAD OFFICE, BENGALURU 560 001.

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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

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THE CHIEF OPERATING OFFICER VASANTH NAGAR BANGALORE -560 052.

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…RESPONDENTS

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(BY SRI. RAHUL CARIAPPA., AGA FOR R1; SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R5)

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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.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL ORDER

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The petitioner is challenging an order of repatriation.

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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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3 - NC: 2025:KHC:1663 WP No. 34532 of 2024

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the order of deputation does not guarantee of tenure to the petitioner.

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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.

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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.

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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.

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