STATE OF RAJASTHAN Vs. RAM NIWAS RATHI

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE respondent -petitioner has challenged by way of petition under Article 226 order passed by the respondent State dt. 20th January, 2000 (Annexure/3 to the writ petition) by which the petitioner was informed that Government has decided to hold a judicial enquiry against the alleged misconduct of the petitioner Under/section 69 of the Rajasthan Municipalities Act, 1959 and ordered suspension from the office of Chairman, Municipal Board, Parbatsar. Learned Single Judge after hearing the petitioner as well as the appellant -caveator held that so far as holding enquiry is concerned no interference is called for. Finding that the charge related to a period of about nine years before the decision to hold an enquiry, the order of suspension did not conform to exercise of power in a reasonable manner and therefore partly allowed the writ petition by quashing the order to the extent of the suspension of the petitioner as Chairman of the Municipal Board. Aggrieved with that order, the State of Rajasthan has filed this appeal.

(3.) LEARNED counsel for the respondent urged that power to suspension and holding of elected officer under the Municipal Act was never challenged by the petitioner. The only challenge to the order by the petitioner was that the exercise of power was not in a reasonable manner and for the purpose for it has been conferred. It was also pointed out that so far as holding an enquiry is concerned the learned Single Judge has not disturbed that part of the order therefore no grievance can be made on this ground.