VIJAY RAO Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner, who is President, under suspension, of Municipal Council, Rewari, has filed the present writ petition, praying for setting aside the order dated 20.2.2008 (Annexure P/1), passed by respondent no.1- Government of Haryana, whereby Deputy Commissioner, Rewari, has been appointed as an Enquiry Officer to hold a regular enquiry into the charges levelled against the petitioner, with a further prayer directing respondent no.1 to appoint any other higher official or any other independent agency to conduct the enquiry.

(2.) Facts in brief are that the petitioner was elected as Municipal Councillor from Ward No.20 of City Rewari on 20.5.2005 in the election held on 16.4.2005 and he became President of the Municipal Council, Rewari and took oath as such on 3.6.2005. It is averred by the petitioner that he was discharging his duties to the best of his ability and with unimpeachable integrity when he was shocked to receive notice dated 19.12.2007 whereby it was intimated that 22 members of the Municipal Council, Rewari have signed a memo with their affidavits, seeking a no confidence motion against the petitioner, for which a special meeting was scheduled on 4.1.2008 under Rule 72-A of the Haryana Municipal Elections Rules,1978 ( for short the 1978 Rules). Petitioner challenged the impugned notice by filing CWP No.2/2008, in which notice of motion was issued and interim order was passed directing the respondents not to hold the said meeting.

(3.) Respondents thereafter passed order dated 8.1.2008 suspending the petitioner by invoking the provisions of Section 14-A and 22-A of the Haryana Municipal Act,1973 (for short 1973 Act). Petitioner challenged the said order by filing CWP No.2365 of 2008 in which notice of motion was issued for 22.4.2008 primarily on the ground that no enquiry against him was pending or any Enquiry Officer appointed for his removal. Since the petitioner had been suspended, CWP No. 2 of 2008 was disposed of as having become in fructuous, vide order dated 16.1.2008. Thereafter, the respondents passed impugned order dated 20.2.2008 (Annexure P/1), appointing the Deputy Commissioner, Rewari to hold regular enquiry against the petitioner with a request to send the enquiry report to the Government within one month. Hence the present writ petition has been filed before this Court on 12.6.2008, which came up for hearing on 13.6.2008 and the following order was passed:-