[2023:RJ-JD:30125] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12569/2023 Om Prakash Kalwa S/o Shri Jodha Ram Kalwa, Aged About 61 Years, Resident Of Meghdeep, Near Udham Singh Chowk, Old Housing Board, Suratgarh, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Director, Local Self Government, Jaipur (Rajasthan).
2. The District Collector, Shriganganagar, Rajasthan.
3. Rajasthan Urban Drinking Water Sewerage And Infrastructure Corporation Limited, Through Its Executive Director, Having Address At Old Working Womens Hostel Building, Near Police Hq, Lal Kothi, Tonk Road, Jaipur (Rajasthan).
----Respondents For Petitioner(s) : Mr. Muktesh Maheshwari with Mr. Gopal Bose.
For Respondent(s) : Mr. Sunil Beniwal, AAG with Mr. Utkarsh Singh.
For Applicant(s) : Mr. Rajesh Panwar, Sr. Adv. assisted by Mr. Aakash Kukkar.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Judgment Reserved on 14/09/2023 Pronounced on 26/09/2023
1. This writ petition under Article 226 of the Constitution India has been preferred claiming the following reliefs:
"It is, therefore, most respectfully and humbly prayed that;
i) the instant writ petition may kindly be allowed and a writ, order or direction in the appropriate nature may kindly be issued in favour of the humble petitioner and the and the (Downloaded on 12/11/2023 at 06:35:51 AM) [2023:RJ-JD:30125] (2 of 9) [CW-12569/2023] suspension order dated 24.07.2023 (Annexure 25), order dated 28.07.2023 (Annexure 26) and the notice of Judicial inquiry dated 02.08.2023 (Annexure 28), be declared illegal and be quashed and set aside; and
ii) the respondents may kindly be ordered and directed to let the petitioner discharge the duties of the Chairman of the Municipality and to not to harass and humiliate the petitioner in light of the complaints made by the private persons
(iii) any other order of direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of the humble petitioner."
2. As per the pleaded facts, the Rajasthan Urban Drinking Water Sewerage & Infrastructure Corporation Limited (hereinafter referred to as 'RUDSICO') invited bids in the year 2015 for certain works, as mentioned therein, at Bhadra and Suratgarh towns (hereinafter referred to as 'The Project'). 2.1. In the year 2016, the work order for the Project was issued to M/s Montecarlo Ltd, in Joint Venture with M/s Jyoti Buildtech Pvt. Ltd. (hereinafter referred to as 'Company'). 2.2. Thereafter, in the year 2019, certain irregularities arose with regard to the work being done by the Company and complaints were made, whereupon the Executive Director of RUDSICO was directed to inquire into the complaints and a committee was constituted to submit its report by 16.09.2019; thereafter pursuant to the orders of the District Collector, Sriganganagar, one more committee was constituted to inquire into the complaints, and site visits were accordingly made in October, 2019. The (Downloaded on 12/11/2023 at 06:35:51 AM) [2023:RJ-JD:30125] (3 of 9) [CW-12569/2023] concerned Engineer of RUDSICO withheld the amount of the Company through its concerned running bills. 2.3. Subsequently, the petitioner was elected as the Chairman of the Municipality, Suratgarh on 26.11.2019. A letter dated 07.01.2022 was forwarded by the concerned Project Engineer (Superintending Engineer), RUDSICO, Jaipur, to the Executive Officer, Nagar Palika, Suratgarh with regard to the completion of the Project and to release the balance amount to the Company. Thereafter, a note sheet was drawn in the office of Municipality, to the effect that all the complaints had been withdrawn; subsequently on 15.03.2022, the Executive Officer, Municipality, Suratgarh passed an order granting approval in regard to payment of withheld amount of Rs.1,45,57,144/-, which was payable to the Company.
2.4. Subsequent to the release of such payment complaints were made with regard to the same and thus the petitioner issued directions to stop any further payments to the Company. Thereafter, the District Collector initiated further inquiry and a committee was constituted whereafter a report was presented on 01.11.2022; however one Banwari Lal filed a complaint on 09.01.2023 alleging the above said report to be biased. Being aggrieved, the petitioner preferred a writ petition before this Hon'ble Court bearing SBCWP No. 5413/2023, wherein an interim order was passed, to the effect that the respondents were free to proceed with the proceedings and conclude the same. 2.5. Subsequently, another inquiry was conducted, and upon conclusion, the report dated 08.03.2023 was forwarded to the (Downloaded on 12/11/2023 at 06:35:51 AM) [2023:RJ-JD:30125] (4 of 9) [CW-12569/2023] District Collector, who in turn, on the basis of the same, recommended vide letter dated 10.03.2023 initiation of proceedings against the petitioner.
2.6. Thereafter, during pendency of the aforementioned writ petition, a notice under Section 39 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as 'Act of 2009') was issued to the petitioner on 24.04.2023 and a decision was arrived at, to suspend the petitioner from the post of Chairman, while initiating a judicial enquiry against him.
2.7. Subsequently, on 21.07.2023, this Hon'ble Court had dismissed the above writ petition with liberty to the petitioner to approach this Hon'ble Court again, if occasion so arises. 2.8. Thereafter, the respondents issued an order on 24.07.2023 whereby the petitioner was suspended and a judicial enquiry was ordered to be initiated against the petitioner; on 28.07.2023, another person was nominated as Chairman for a period of 60 days; in addition, a notice dated 02.08.2023 was received by the petitioner directing him to appear for judicial enquiry and was served with a chargesheet and charge details. Aggrieved of the above-said suspension order, nomination order and the notice for appearance, the petitioner has preferred the present writ petition claiming the afore-quoted reliefs.
3. Learned counsel for the petitioner submitted that the complaints of irregularities with regard to the Project had begun even before the petitioner had been elected as a Chairman, and thus, the petitioner could not be held responsible for something that started prior to him being elected on the said post, and (Downloaded on 12/11/2023 at 06:35:51 AM) [2023:RJ-JD:30125] (5 of 9) [CW-12569/2023] during the multiple enquiries done before the report dated 08.03.2023. It was further submitted that the concerned authority has consistently observed that physical verification of the site was not possible.
3.1. It was also submitted that the impugned suspension order was passed solely on the basis of the report dated 08.03.2023 and the said report nowhere leveled any specific allegation against the petitioner or highlighted specific role of the petitioner, instead it was based on mere statements of 6 persons and even the veracity of same was not duly ascertained.
3.2. It was further submitted that the committee did not examine the officers of RUDSICO as the amount had been released at the instance of the officer of RUDSICO and the same was sanctioned by the Executive Officer of the Municipality whereas the petitioner was not even involved in the transaction.
3.3. It was also submitted that subsequent to release of the said amount, the petitioner himself had issued directions to stop further payments to the Company, yet in an arbitrary manner, the petitioner had been made a target by the respondents.
4. On the other hand, Mr. Rajesh Panwar, learned Senior Counsel assisted by Mr. Aakash Kukkar appearing for applicant- Banwari Lal in the application seeking impleadment; and Mr. Sunil Beniwal, learned Additional Advocate General assisted by Mr. Utkarsh Singh, appearing on behalf of the respondents opposed the aforesaid submissions made on behalf of the petitioner. (Downloaded on 12/11/2023 at 06:35:51 AM) [2023:RJ-JD:30125] (6 of 9) [CW-12569/2023] 4.1. It was submitted that the petitioner was the Chairman of the Municipality, Suratgarh when the amount in question was sanctioned to the Company on 15.03.2022.
4.2. It was further submitted that the report dated 08.03.2023 was signed by four committee members including an IAS officer, RAS officer, District Treasurer and the Superintendent of Police, and the entire committee visited the spot in Suratgarh and the statement of certain local residents were accordingly recorded, whereby it transpired that signatures of 203 persons had been taken with regard to the work done by breaking the Septic Tank; however the same were fake and no Septic tanks were either emptied or broken.
4.3. In furtherance, it was submitted that written report of the spot was also taken from the technical officers whereby random inspection of nodes/manholes as per the actual drawings of the sewerage line laid by the company was done and it was found that the geographical surface had changed due to construction, thus no cogent decision could be taken; however according to the one common statement of the residents, it was clear that they had septic tanks in their houses and water from those would flow in the drains built along the roads, thus, it was clear that without breaking septic tanks, the Company had submitted its claim and collected the amount.
4.4. It was also submitted that the amount in question had been released, based on the fact that the complaints had been withdrawn; however as per the statements of the complainants, no such complaints had been withdrawn by them. (Downloaded on 12/11/2023 at 06:35:51 AM) [2023:RJ-JD:30125] (7 of 9) [CW-12569/2023] 4.5. Learned Additional Advocate General submitted that the proceedings in question have been initiated not only against the present petitioner, but also against the concerned Executive Officer, involved in the illegality or irregularity in question. 4.6. In support of such submissions, reliance was placed on the judgment rendered by a Coordinate Bench of this Hon'ble Court in the case of Nirmal Kumar Pitaliya v. State of Rajasthan & Ors. (SBCWP no. 17285/2021, decided on 01.02.2022).
5. Heard learned counsel for the parties as well as perused record of the case, alongwith the judgment cited at the Bar.
6. This Court observes that a tender with regard to the above mentioned work was issued in the year 2015 and work order for the same was issued in the year 2016 to the Company; whereafter in the year 2019, the complaints were made with regard to irregularities in performance such work, and thus, inquiry was made into the same. The petitioner was elected as the Chairman of the Municipality, Suratgarh on 26.11.2019 and the office of Municipality released the said amount in favour of the Company; complaints were made against the said action and a report was filed in regard thereto, which came to be alleged as biased by one Banwari Lal; whereafter another inquiry was done and a report dated 08.03.2023 was forwarded to the District Collector, and subsequently, the respondents issued an order to suspend and initiate judicial inquiry against the petitioner.
7. This Court further observes that the petitioner was the elected Chairman of the Municipality Suratgarh and in pursuance of the claim made by the Company for completion of the work, in (Downloaded on 12/11/2023 at 06:35:51 AM) [2023:RJ-JD:30125] (8 of 9) [CW-12569/2023] collusion with the RUDSICO Officers, on 15.03.2022 the amount in question was sanctioned; even though clearly the amount had been withheld pursuant to the complaints made against the irregularities done by the Company in the Project.
8. This Court also observes that the members of the Committee went to inspect the site and statements of the certain persons living at the place were taken; apart from the statements, a written report from the technical officers present on site was also taken and thereafter the report concluded that necessary departmental action should be taken against the persons involved in sanctioning of the amount and to recover a sum of Rs.1,60,98,940/- from the construction company and to take necessary actions against the Company as well, and in furtherance, the said report was signed by all committee members i.e. an IAS officer, RAS officer, District Treasurer and the Superintendent of Police.
9. This Court further observes that the suspension order dated 24.07.2023 was based on the aforesaid detailed report wherein the Septic tanks/wells, as stated, had not been broken; in fact prior to this, there never existed any sock pit on the roads, instead the septic tanks had been in people's houses and the sewage water was released on the roads, and yet the Company had presented its claim for the work done and on count of the complaints being withdrawn, the withheld amount was released by the petitioner, when in actuality, no such complaint had been withdrawn. Relevant portion of the suspension order is reproduced as hereunder:
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10. This Court also observes that an order for appearing for judicial enquiry initiated under Section 39 of the Act of 2009 was correctly issued to the petitioner and the same was done after filing of the charge-sheet against the petitioner, based, amongst others, on a detailed factual report.
11. Thus, in light of the aforesaid observations and looking into the factual matrix of the present case, this Court does not find it a fit case so as to grant any relief to the petitioner in the present petition.
12. Consequently, the present petition is dismissed. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-(Downloaded on 12/11/2023 at 06:35:52 AM)
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