On 11 December, the Karnataka High Court overruled an order passed by Bruhat Bengaluru Mahanagara Palike, which approved the premature transfer of an executive engineer following the direction of transfer from the Chief Minister.
The bench headed by Justice Krishna Dixit approved the petition filed by KM Vasu, the officer in the deputation of BBMP who was removed from his office, wherein the Commissioner acted on the directions of alien authority. The petitioner stated that the Commissioner received a letter dated 6 October from the Central Minister to the Chief Minister wherein the CM sought to post of the third respondent in the place of Vasu. Subsequently, he was removed from the office vide order dated 24 October.
Stating the said order of BBMP as null, the court held that “The Commissioner of BBMP should have exercised the statutory discretion following the rules of reason and justice and not whimsically nor at the instance of high and mighty; the contra having happened in this case, there is error apparent on the face of record. There is legal mala fide that vitiates them; factual mala fide is not addressed since the said Ministers are not before this court.”
