GYAN CHAND JAJORIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner challenges the suspension order dt. 14.5.2019 and submits that he is an elected Chairman of Nagarpalika, Jobner. A Departmental Enquiry was conducted whereafter judicial inquiry as envisaged u/s 39(4) of The Rajasthan Municipalities Act, 2009 (hereinafter referred to as 'the Act of 2009') was initiated upon such a decision having been taken, the petitioner was suspended vide order dt. 14.5.2019.

(2.) Counsel for the petitioner submits that while the petitioner challenged the said suspension on various grounds, during pendency of the petition, judicial enquiry was completed and the petitioner was exonerated vide order dt.20.3.2020 on the basis of report by the Judicial Officer. However, the State Government has thereafter ordered for re-enquiry. The order although does not give any reasons, the petitioner has presented himself before the Enquiry Officer. Again this court vide order dt. 20.5.2020 taking note of aforesaid facts, directed the State Government to complete the re-enquiry within two weeks positively and the petitioner was expected to cooperate in the re-enquiry. The case was directed to be listed today for final disposal. This Court has received a letter from the Special Administrative Secretary, Law, who is the Enquiry Officer and it is stated that the enquiry cannot be completed on account of the Government Advocate expressing his inability to participate in the enquiry as he lives in the containment zone area and also has apprehensions of infection due to the Covid-19 Pandemic. It is also observed that the persons are not allowed to enter into the Secretariat in the normal course and there being checking before being allowed to enter premises. In the circumstances, a prayer has been made to grant time for completing the enquiry within one month. Letter is taken on record.

(3.) Counsel for the petitioner submits that while the petitioner does not object for conducting of the enquiry and it may take time to complete the enquiry, he submits that there was no occasion to keep the petitioner under suspension for as of now since he is prima facie being found by the earlier Judicial Enquiry to be exonerated of the charges.