RAJARAM GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition has been filed by the petitioner challenging the order dated 06.12.2019 passed by the Director and Joint Secretary, Local Self Government placing the petitioner under suspension from the post of Chairman, Municipal Council, Karauli invoking Section 39(6) of the Rajasthan Municipalities Act, 2009 (hereinafter shall be referred to as "the Act, 2009").

(2.) The facts, pleaded in nutshell, are that the petitioner was duly elected as Chairman, Municipal Council, Karauli, District Karauli in August, 2015 and stated to be discharging his duties with utmost sincerity and honesty and there was no complaint of any misconduct against the petitioner in last four years except some false complaints, said to be made by the ward members of the opposite political party.

(3.) The petitioner has pleaded that he was in receipt of the letter dated 06.12.2019 issued by the respondent No.2 stating that the petitioner was guilty of misconduct in discharge of his duties, as per the comments received from the Commissioner, Municipal Council, Karauli and the factual report received from the Superintendent of Police, Karauli implicating the petitioner in FIR No.414/2019 registered at Police Station Kotwali, District Karauli for the offences under Section 323 , 189 and 384 IPC. It was informed to the petitioner that he had committed serious misconduct in discharge of his duties and further has misused his position as Chairman and as such, the above acts of the petitioner were covered under the provisions of Section 39(1)(d) of the Act, 2009 and the State Government had decided to conduct a judicial enquiry against the petitioner under Section 39(3) of the Act, 2009 and further the respondents invoked powers conferred under Section 39(6) of the Act, 2009 and decided to suspend the petitioner from the post of Chairman, Municipal Council, Karauli with immediate effect.