STATE OF RAJASTHAN Vs. GAURI SHANKER MANDAVEWALA

JUDGEMENT

(1.) This appealis directed against the order passed byHon'ble M. Rajesh Balia, J. in Writ Petition No. 1573/2001 dated 1/05/2001 dismissing the writ petition as pre-mature with an observation that in case the respondents decide to place the petitioner under suspension, on the charges levelled against him under the two notices dated 8/03/2001 and 4/04/2001 or by serving any new notices after passing of the order in the writ petition, the same may not be implemented for a period of one month from thedate of service of that order upon the petitioner so as to enable him to approach appropriate forum, by way of appropriate proceedings. In this context the learned Judge has also placed reliance on the earlier order passed by another learned single Judge of this Court in Writ Petition No. 1119/2001 wherein this Court while dismissng the writ petition on 16-1-2001, made similarobservations holding that interfering in the writ petition at that stage being premature. The learned single Judge made a furtherobservtion to the effect that incase therespondents think it fit to place the petitioner under suspension, on the chargelevelled against him in the impugned notice, then the same may not be implemented for aperiod of one month from the date of service of that order upon the petitioner, so as to enable him to approach appropriate forum by way of appropriate proceedings.

(2.) In the instant case, Mr. Yashwant Mehta, learned counsel for the appellant, submitted that the orderof the learned single Judge deciding the writ petition, wouldrestrian the future action by the State and that such a direction given by the Hon'ble single Judge is contrary to the provisions of sub-section (4) of Section 63 of the Act of1959 and hence the said order deserves to bequashed and set aside.

(3.) Section 63 of the Rajasthan Municipalities Act 1959 deals with the removal of Members. The State Government notwithstanding the provisions under Section 63, sub-section (2) and (3) of the said section may place under suspension a member against whom proceedings have been commenced underthis section, until the conclusion of the inquiry and the passing of the final order and the member so suspended shall not be entitledto take part in any proceedings of the boardor otherwise perform the duties of a memberthereof.