Rajasthan High Court - Jodhpur
Goverdhan Lal Bhoi vs State Of Rajasthan on 7 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5001/2022
Goverdhan Lal Bhoi S/o Shri Ramchandra Bhoi, Aged About 43
Years, R/o Rampola Bus Stand, Bhinder, District- Udaipur, (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary, Local
Self Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Director Cum Joint Secretary, Local Self Department,
Government Of Rajasthan, Directorate, Jaipur.
3. Assistant Director (Vigilance), Local Self Department,
Government Of Rajasthan, Directorate, Jaipur.
----Respondents
For Petitioner(s) : Mr. Sajjan Singh Rathore
For Respondent(s) : Mr. Sunil Beniwal, AAG assisted by
Mr. Kunal Choudhary and
Mr. Pranjul Mehta
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
07/05/2022
This writ petition has been filed by the petitioner being
aggrieved with the order dated 30.03.2022 passed by the Director,
Local Self Department, Jaipur while exercising powers under
Section 39(6) of the Rajasthan Municipalities Act, 2009
(hereinafter to be referred as 'the Act of 2009') whereby, the
petitioner has been suspended from the post of Member of
Municipal Board, Bhindar, District Udaipur on account of pendency
of enquiry against him under Section 39 of the Act of 2009.
Learned counsel for the petitioner has submitted that the
action of the respondents of initiating enquiry against the
(2 of 3) [CW-5001/2022]
petitioner under Section 39 of the Act of 2009 is under challenge
by way of SBCW Petition No.12727/2021 filed on behalf of the
petitioner and in the aforesaid petition, this Court vide order dated
27.9.2021 while issuing notices to the respondents has stayed the
enquiry under Section 39 of the Act of 2009.
Learned counsel for the petitioner has further submitted that
despite stay on the enquiry against the petitioner granted by this
Court, the respondents have illegally passed the order dated
30.03.2022 suspending the petitioner on the pretext of pending
enquiry against him under Section 39 of the Act of 2009. Learned
counsel for the petitioner, thus, submitted that the impugned
order dated 30.03.2022 is illegal and the same is liable to be set
aside.
Per contra, Mr. Sunil Beniwal, AAG has argued that as a
matter of fact, the petitioner had not communicated or served
copy of the order dated 27.09.2021 passed by this Court in SBCW
Petition No.12727/2021 whereby, this Court has stayed the
enquiry against him. It is, therefore, submitted that in the above
facts and circumstances of the case, the action of the respondents
of suspending the petitioner from the post of Member of the
Municipal Board, Bhindar District Udaipur is perfectly justified.
The matter requires consideration.
Admit.
Notices need not be issued as the parties are represented
through their counsel.
In the meantime, effect and operation of the order dated
30.03.2022 (Annex.6) is stayed.
Stay petition is disposed of.
(3 of 3) [CW-5001/2022]
List this matter along with S.B. Civil Writ Petition
No.12727/2021 for final disposal in the month of July, 2022.
(VIJAY BISHNOI),J
46-AjaySingh/-
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