P. RAJEEV, SON OF PUTTANARASIMHAIAH Vs. THE COMMISSIONER, BBMP BANGALORE AND THE DEPUTY COMMISSIONER OF ADMINISTRATION, BBMP BANGALORE

JUDGEMENT

(1.) THE petitioner, who was working as Deputy Director of Town Planning (South) in Bruhat Bangalore Mahanagara Palike (BBMP) and transferred on 20.07.2011 to Storm Water Drain Division, to work under the Chief Engineer of Storm Water Drain Division, has filed this writ petition questioning an order made by the 2nd respondent on 29.07.2011. placing him under suspension pending disciplinary action.

(2.) SRI G.Gangi Reddy, learned Advocate appearing for the petitioner, firstly contended that, the impugned order is arbitrary and illegal since the petitioner had nothing to do with W.P. 13653/2010 and the statement of objection/affidavit filed therein by the Corporation was not been done at the instance of the petitioner and that the petitioner only obeyed the directions of his official Superior and handed over the papers to the Advocate concerned and even otherwise, petitioner having been transferred on 20.07.2011 from the post of Deputy Director, Town Planning (South) to work under the Chief Engineer of Storm Water Drain Division and the petitioner having reported to duty in the transferred place, there was no need to place the petitioner under suspension. Secondly, the impugned order has been mechanically passed. Thirdly, Sri S.S. Thopogi, Additional Director of Town Planning, filed Application No. 4898/2011, questioning the order keeping him under suspension and the Karnataka Administrative Tribunal passed an order of stay dated 02.08.2011, as at Annexure -G. Fourthly, Mr. Nataraj, Joint Director, Town Planning, questioned the order of suspension passed against him in W.P. 34875/2011 and that the respondents revoked the order of suspension and W.P. 34875/2011 was dismissed on 18.10.2011 as not surviving for consideration. Learned counsel submitted that, in view of the interim order passed on 10.08.2011, the respondents gave effect to the same by issuing an office order dated 07.09.2011 and that the petitioner continues to work under the Chief Engineer in the Storm Water Drain Division and in the circumstances, there is no justification to place the petitioner under suspension.

(3.) I have perused the record. The rival contentions have received my consideration.