CHANDRA BOSE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, Shri Rajendra Prasad, at length. Perused the suspension-order, dated 6-1-2000, Annexure-4 to the writ petition, whereby, the petitioner was suspended from the office of Chairperson, Municipal Board, Kishangarh, District, Ajmer; and also the amended suspension-order dated 24-2-2000, Annexure-6 to the writ petition, whereby, the petitioner was not only suspended from the office of Chairperson of the aforesaid Board but also as a member of the Board.

(2.) With the assistance of the learned counsel for the petitioner, Shri Rejendra Prasad, I have gone through the orders impugned, Annexures 4 and 6, together with the charge-sheet. Annexure-1 and the explanation given by the petitioner, Annexure-3 to the writ petition.

(3.) From a close scrutiny of the averments made in the writ petition and the averments made in the reply filed by the respondents, it is crystal clear that the State Government, in exercise of its power under sub-section (2) of Section 63 of the Rajasthan Municipal Act, 1959 (Act No. 38 of 1959), appointed an enquiry officer, to make preliminary enquiry into the facts brought to its notice. After receipt of the preliminary enquiry report from the authority appointed by the State Government, the petitioner was given an opportunity to submit her explanation. After taking into account the preliminary enquiry report, together with the explanation, submitted by the petitioner, the State Government drew up a statement, setting out distinctly the charges against the petitioner and sent the same for enquiry and findings by a Judicial Officer of a rank of District Judge, appointed by it, for the purpose of holding a detailed enquiry, after giving an opportunity of hearing to the petitioner, within the meaning of sub-section (3) of Section 63 of Act No. 38 of 1959.