Justice Bajantri had come down heavily on FDA’s promotion to non-existing post of DPRO
In a major setback to BBMP mandarins who ‘creatively’ promoted a First Division Assistant to a non-existing post of Deputy Public Relations Officer, the Karnataka High Court had on November 3 ordered the BBMP Commissioner to take remedial action within two months. But with the January 3 deadline nearing, there is no sign of the civic agency complying with the court’s directive.
By his order, High Court Justice PB Bajantri had stated that Suresh Lingaiah (currently DPRO) had no right to hold a non-existing post. “The Commissioner, BBMP, is directed to take appropriate steps in the matter within a period of two months, and such decision shall be communicated to the petitioner,” the order said.
Covering up for ‘their’ man
However, BBMP’s legal cell is yet to place the file before the Commissioner for implementation of the court’s order. Moreover, sources in the administration wing say pressure is being brought on the legal department and also on the administration wing to see that Lingaiah is not demoted to his original post of FDA but is posted as Assistant Public Relations Officer.
Read here: HC fines BBMP Rs 10,000 in promotion case (https://thebengalurulive.com/hc-fines-bbmp-rs-10000-in-promotion-case/)
As per the court order, the petitioner, BBMP employee V Manjunath (currently working in the BBMP Administrator’s office) had challenged the promotion of Lingaiah as DPRO. BBMP had failed to file its objections to the case in the last five years. The court had even penalised BBMP Rs 10,000 for failing to file its objections.
No proof of post: HC
Justice Bajantri’s order had said the second respondent (Suresh Lingaiah) failed to apprise the court by producing documents to prove the existence of the post of DPRO as on December 12, 2014. The order said that on perusal of the records, in the absence of rules of recruitment to the post of DPRO, the civic agency had exceeded its jurisdiction in the appointment.
The court had said BBMP had adopted a ‘pick and choose’ method while appointing Lingaiah to the post of DPRO. Further, the civic agency was relying on a subsequent notification on July 3, 2018, which pertained to the draft rules. Assuming that draft rules are required to be operated, they are required to be operated prospectively after July 3, 2018, the court had said.
No DPRO mention in rules
Lingaiah’s counsel had referred to BBMP’s proceedings of May 5, 2020 wherein he was shown as First Division Assistant, and he was promoted to the post of Assistant PRO with effect from May 15, 2020. “He has not pointed out from any document that the earlier order of DPRO has been withdrawn, modified or cancelled so as to revert him to the post of First Division Assistant,” the judge had said.
Further, counsel for the petitioner had submitted that the draft rules had attained finality on March 16, 2020 and in the final rules the post of DPRO was not incorporated. “In view of these facts, Suresh Lingaiah has no right to hold a non-existing post of Deputy Public Relations Officer,” Bajantri had said in his order.