Bhanwar Singh vs State Of Rajasthan
2022 Latest Caselaw 4936 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 3638/2022

Bhanwar Singh S/o Shri Moti Singh Mertiya, Aged About 74 Years, R/o 52, Shri Moti Bhawan, Maharaja Pratap Nagar, Mount Abu, Block No. 3, Sirohi (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Local Self, Secretariat, Jaipur (Raj.)

2. The Director Cum Joint Secretary, Department Of Local Self, Government Of Rajasthan, G-3, Rajamahal, Residency Area, Civil Line Fatak, 22 Godam, Jaipur (Raj.)

3. Additional Director, G-3, Rajamahal Residency Area, Civil Line Fatak, 22 Godam, Jaipur (Raj.).

4. The District Collector, District Sirohi.

5. Jitendra Vyas, Revenue Inspector, At Present Revenue Officer Cum Commissioner, Municipality, Mount Abu, District Sirohi (Raj.)

----Respondents

For Petitioner(s) : Mr. Jay Prakash Bhardawaj

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/04/2022

Learned counsel for the petitioner has submitted that a

Coordinate Bench of this Court vide order dated 15.02.2021

(2 of 3) [CW-3638/2022]

passed in S.B. Civil Writ Petition No.2185/2021 - Shrawan

Ram & Ors. Vs. State of Rajasthan and Anr. has restrained the

State from posting or passing any further order of giving charge of

Commissioner, Municipality to any person, who is not a Member of

the Municipal Service as per the Rajasthan Municipal Service

(Administrative and Technical) Rules, 1963 (hereinafter to be

referred as 'the Rules of 1963'). It is further submitted that in the

order dated 15.02.2021, it is clearly observed that in case of

emergent situation, if handing over charge to a person other than

the Member of the Municipal Service as per the Rules of 1963 is

inevitable, the same shall be done, however, with a stipulation

that he would not continue beyond a period of 15 days.

Learned counsel has further submitted that the respondent

No.2 has appointed respondent No.5 as Commissioner of Municipal

Board, Mount Abu, though he is not a Member of Municipal

Service, but is a Revenue Officer.

It is argued that initially, by order dated 19.01.2022, the

respondent No.5 was directed to discharge duties of

Commissioner, Municipal Board, Mount Abu for 15 days and,

thereafter, again the respondent No.5 was further directed to

discharge the duties of Commissioner, Municipal Board, Mount Abu

for further 15 days by the order dated 07.02.2022.

Learned counsel for the petitioner has argued that such

action of the respondent No.2 is clearly in violation of the

directions given by this Court in Shrawan Ram's case (supra).

Issue notice. Issue notice to stay application also. Notices

are made returnable on 25.04.2022.

(3 of 3) [CW-3638/2022]

In the meantime, effect and operation of the orders dated

19.01.2022 and 07.02.2022 (Annexures P/3 and P/4) respectively

are stayed.

The respondent No.2 is restrained from posting any person

other than the Member of the Municipal Service as Commissioner

of Municipal Board, Mount Abu as per the Rules of 1963.

(VIJAY BISHNOI),J 31-Ajaysingh/-

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