Kamlesh Phoolfagar vs State Of Rajasthan
2021 Latest Caselaw 9402 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7199/2021

Kamlesh Phoolfagar S/o Shri Jeeturam, Aged About 36 Years, B/c Jat, R/o Village Khanwar, Via - Roll, Tehsil Jayal, District Nagaur (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Local Self Department, Government Of Rajasthan, Jaipur (Rajasthan)

2. The Director Cum Joint Secretary, Directorate, Local Self Department, Jaipur (Rajasthan)

3. Municipal Board, Kuchaman City, District Nagaur (Rajasthan) Through Its Executive Officer.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Suniel Purohit, through Cisco
                               Webex App
For Respondent(s)        :



                     JUSTICE DINESH MEHTA

                                    Order

11/05/2021

Mr. Purohit, learned counsel for the petitioner, submits that

the issue involved in the present writ petition is akin to one

involved in S.B. Civil Writ Petition No.12960/2020 [Praveen Shiwal

Vs. State of Rajasthan & Anr.], wherein following order has been

passed:-

"Laying challenge to order dated 01.12.2020, passed by the Commissioner, Municipal Council, learned counsel for the petitioner contends that the same is absolutely without jurisdiction, inasmuch as, the Commissioner is not the authority competent to place the petitioner under suspension.

(2 of 2) [CW-7199/2021]

He relies upon the judgment of this Court dated 22.07.2020, rendered in the case of Fakir Chand Vs. State & Anr. (SBCWP No.4934/2020).

The matter requires consideration.

Issue notice. Issue notice of stay application also, returnable within six weeks.

Meanwhile, effect and operation of the order dated 01.12.2020 (Annex.3) shall remain stayed."

Hence, issue notice. Issue notice of stay application also,

returnable within eight weeks.

Meanwhile, effect and operation of the order dated

28.04.2021 (Annex.4) shall remain stayed.

Connect with SBCWP No.12960/2020.

(DINESH MEHTA),J

27-skm/-

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