The cop fired over the death of Eric Garner is suing the police commissioner and the NYPD to try and get his job back, The Post has learned.

Former cop Daniel Pantaleo filed a lawsuit in Manhattan civil court Wednesday arguing his termination was “arbitrary and capricious,” according to his attorney Stuart London.

Pantaleo was publicly canned by Police Commissioner James O’Neill in August following an administrative trial five years after Garner’s death.

Police Commissioner James O’Neill said that Pantaleo could “no longer effectively serve” as a city police officer.”

The suit names O’Neill, the city and the NYPD.

As part of his firing, Pantaleo would not collect a pension but would get the money he paid in during his time on the force.

London said he hopes the state Appellate Court will side with him instead of NYPD Deputy Commissioner of Trials Rosemarie Maldonado’s “reckless” decision to suggest Pantaleo’s termination.

Maldonado, who oversaw the trial prosecuted by the Civilian Complaint Review Board, found Pantaleo guilty of using a banned chokehold on the 43-year-old Garner, which a city medical examiner said triggered his death.

The 13-year veteran was earning $85,292 before he was suspended on Aug. 2 following Maldonado ruling.

The only other officer disciplined over the arrest, Sgt. Kizzy Adonis, was docked 20 vacation days for failing to supervise. She pleaded no contest instead of taking the case before an administrative judge.