INDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who is Up-Sarpanch, has challenged in this petition the impugned order dated 1. 11. 1997 (Annex. 12) passed by the respondent State Govt. removing him from the office of Up-Sarpanch.

(2.) LEARNED counsel Shri Singhvi for the petitioner submitted that in the impugned notice dated 28. 8. 97 which was received by the petitioner on 8. 9. 97 (Annex. 7-B), it is clearly stated that the petitioner has submitted his reply within 30 days from the receipt thereof. But, in the impugned order of removal dated 1. 11. 97 (Annex. 12) it is stated that 15 days time was given to file reply and though the said notice was served upon the Up-Sarpanch no reply was filed by him. He submitted that without considering the reply to the notice the impugned notice of removal came to be passed which is in clear violation of principle of natural justice and, therefore, same is liable to be set aside. Mr. Singhvi further pointed out that petitioner submitted his reply on 1. 10. 1997, which was received by the other side on 8. 10. 1997. He, thus, submitted that the petitioner received the notice on 8. 9. 97 and his reply was reached within 30 days i. e. on 8. 10. 1997 and still in the impugned order or removal it is stated that no reply was submitted. He therefore, submitted that the impugned order of removal at Annex. 12 be quashed and set aside.

(3.) IN view of the above discussion, this petition fails and is hereby dismissed.