HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11341/2021
Vinod Kumar Rajoria Son Of Shri Phoolchand, Aged About 45
Years, Resident Of Ward No. 17 (Old Number 13) Main Indira
Market, Chaksu, District Jaipur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Local
Self Department, Secretariat, Jaipur.
2. The Director, Local Self Department, G-3, Rajmahal
Residential Area, C-Scheme, Near Civil Line Phatak,
Jaipur.
3. The Deputy Director (Regional), Local Self Department,
Near Panch Batti, M.i. Road, Jaipur.
----Respondents
For Petitioner(s) : Mr. Prahlad Sharma For Respondent(s) :
JUSTICE DINESH MEHTA Order 01/10/2021
1. The petitioner has been placed under suspension vide order dated 08.09.2021 passed by the State Government.
2. While maintaining that the number of children fathered by the petitioner are only two, learned counsel submits that even if the allegation of the respondents is assumed to be correct, the same is a pre-election disqualification, for which the petitioner cannot be suspended.
3. Learned counsel places reliance upon the judgment of this Court rendered in the case of Sameera Bano Vs. State of Rajasthan, reported in AIR 2007 Raj. 168. (Downloaded on 01/10/2021 at 09:38:30 PM)
(2 of 2) [CW-11341/2021]
4. Learned counsel navigates the Court through various
documents filed with the writ petition in relation to particulars of the children, namely, Sachin; Geetanjli; Harsh Kumar; Gaurav; Nisha and Sandhya and shows that all these children are of his brother Ashok Kumar whereas the petitioner is father of two children, namely, Vidhan and Neelam.
5. Having considered the submissions so made by the learned counsel and upon perusal of the record, more particularly, impugned order dated 08.09.2021 (Annex.7), this Court finds that no separate and substantive order placing the petitioner under suspension has been passed and only a passing remark has been made, that too in the reference part of the order dated 08.09.2021:-
"izlax%& uxj ikfydk pkdlw ds okMZ ua- 17 ls fuokfpZr ik'kZn Jh fouksn jktksfj;k dks fuyfEcr djrs gq, dkuwuh dk;Zokgh djus ds laca/k esaA"
6. The matter requires consideration.
7. Issue notice. Issue notice of stay application as well, returnable within six weeks.
8. Meanwhile, effect and operation of the order dated 08.09.2021, placing the petitioner under suspension, shall remain stayed.
(DINESH MEHTA),J SUSHIL KUMAR MAHECHA /164 (Downloaded on 01/10/2021 at 09:38:30 PM) Powered by TCPDF (www.tcpdf.org)