PWD engineer on deputation Sunitha was given status quo order from KAT, Joint Commissioner Pallavi reverts her to earlier posting without intimating Manjunatha Prasad
BENGALURU:
BBMP Commissioner N Manjunatha Prasad’s welcome move to reshuffle engineers of the Town Planning Department after Bommanahalli zone ADTP Devendrappa was caught red- handed accepting a bribe of Rs 20 lakh has been resisted by one of his own subordinates. A PWD engineer on deputation, Sunitha, who challenged commissioner’s transfer order was given status quo on Commissioner’ order, despite which East zone Joint Commissioner KR Pallavi went against the Commissioner’s intentions and reverted Sunitha to the same posting from where she was moved out by the Commissioner.
The unsavoury development has led to questions in official circles about misuse of powers and the extent of the administrative powers of Joint Commissioners. It is being asked within these circles whether the BBMP Commissioner, IAS officer N Manjunatha Prasad, or Karnataka Municipal Administrative Services (KMAS) officer KR Pallavi is calling the shots. Pallavi, who is on deputation now for more than three years, reverted Sunitha to her previous posting without bringing it to the Commissioner’s notice.
On February 10, Prasad had revamped the Town Planning Department by moving out 7 ‘long-standing’ AEEs and 9 ‘long-standing’ AEs, and reshuffling 25 other officers.
Also Read: Bribe case fallout? BBMP Commissioner revamps Town Planning Department https://thebengalurulive.com/bribe-case-fallout-bbmp-commissioner-revamps-town-planning-department/
Sunitha, 34th on the list, was not given any posting and was one of 9 AEs who were asked to report to the Deputy Commissioner (Admin). Instead, she challenged her transfer order before the Karnataka Administrative Tribunal. The tribunal has reserved the next hearing for March 2 but has issued a status quo on the BBMP Commissioner’s order. The Commissioner has been made the second respondent while the Urban Development Department is the first respondent in the case.
‘The right procedure’
According to sources, Sunitha should have taken the stay order copy (But Tribunal did not issue stay order on Commissioner’s transfer order issued on February 10, 2021) to the BBMP Commissioner’s office to get the requisite posting. Instead, she submitted the tribunal’s order to Joint Commissioner (East) K R Pallavi, who was not a respondent in the case. Pallavi herself went against the Commissioner’s intentions and posted Sunitha in the East zone’s CV Raman Nagar’s Town Planning wing, from where Sunitha had been transferred.
Commissioner’s earlier warning
As per documents accessed by TheBengaluruLive, the BBMP Commissioner on May 6, 2019 had issued orders to all zonal Joint Commissioners who were violating administrative procedures and appointing officers, who were either transferred or suspended, to the same post held by them after the latter obtained stay orders from various courts and tribunals.
In his order, the Commissioner had directed zonal Joint Commissioners to not give any posting at the zonal level until and unless such orders were issued by the administrative wing of the BBMP head office working directly under the BBMP Commissioner.
In Sunitha’s case, Joint Commissioner Pallavi has not only gone over the head of her immediate boss, BBMP Commissioner Manjunatha Prasad, but has also posted Sunitha back to her old office.
Task before legal team
Now that the next KAT hearing in the case is on March 2, the legal team that reports to the BBMP Commissioner will have to point to the procedural lapses of zonal Joint Commissioner Pallavi. It will also have to point out that Sunitha was transferred (and not repatriated) from one zone and was kept under waiting for another posting — which was in the interest of BBMP — and that she should have approached the BBMP Commissioner instead of the tribunal.
Action against Joint Commissioner
Considering the circumstances of the case, official sources say the BBMP Commissioner can immediately repatriate Joint Commissioner KR Pallavi as she has failed to perform her duties as per the KMC Act and implement the work allocation made by the BBMP Commissioner. In doing so, the BBMP Commissioner will be sending out a clear message to officers and engineers on deputation to follow the due norms under the KMC Act.
Pallavi reply
To a query by TheBengaluruLive, Joint Commissioner Pallavi replied to the effect that “the order is withdrawn yesterday itself (February 23) and her (Sunitha’s) reporting note forwarded to the administration seeking directions.”
