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2013 Supreme(Kar) 805

H.G.RAMESH
B. T. Mohan Krishna – Appellant
Versus
Bruhuth Bangalore Mahanagar Palike – Respondent


Advocates Appeared:
For the Petitioner:M.S. Bhagwat, Advocate.
For the Respondents:R1 & R2, S.R. Lohith for K.N. Putte Gowda, R3, Subramanya Jois, Sr. Advocate for K.C. Shantakumar, Advocates.

Judgment :

H.G. Ramesh, J. (Oral):

1. Heard. In this writ petition, the petitioner who is an Executive Engineer in the Bruhath Bangalore Mahanagara Palike ('the BBMP' for short) is challenging the order of internal transfer dtd. 06.09.2013, transferring him from his present post of Deputy Director (Town Planning-South), Bangalore to the office of the Chief Engineer (Lakes), Bangalore. The case of the petitioner is that the impugned order of internal transfer is passed only to favour respondent No.3 to give a place of posting of his choice.

2. The BBMP in its statement of objections has stated that the impugned order of transfer was passed as respondent No.3 did not report for duty to the office to which he was posted and he insisted for posting to a particular office. It is relevant to refer to para 7 of the statement of objections filed by the BBMP:

"7. It is submitted that these respondents had passed the impugned order in the interest of the smooth functioning of the administration of BBMP and also in the interest of the public at large and the petitioner cannot question the powers of these respondents relating to the transfer, since the third respondent after his transfer from the














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