OM PRAKASH SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the charge-sheet dated 10.05.2004, issued by the Deputy Secretary (Admn.) for holding an inquiry under Section 63 of the Rajasthan Municipalities Act ('the Act', for short), the petitioner has approached this Court.

(2.) The brief facts of the case are that the petitioner was elected as a member from ward No.30 of Municipal Board, Chirawa ('the Board', for short) for the term 1982 1986. During this term, he was also elected as a Vice-Chairman of the Board. During this term, since the Chairman was suspended, the charge of Chairman of the Board was handed-over to the petitioner. The petitioner continued to act as the Chairman till 1986. Thereafter, in 1986, an Administrator was appointed to look after the charge of the Board. In 1990, the petitioner was again elected as a member of the Board. However, during this tenure, the petitioner was served with a charge-sheet wherein it was alleged that in his earlier tenure as the Chairman, between the years 1982 to 1986, he had wrongly regularized land of forty-seven persons while discharging his duties as Vice-Chairman and as Chairman. Vide order dated 20.05.1992, the petitioner was suspended from the post of member. Since the petitioner was aggrieved by the said order, he filed a writ petition, namely S.B. Civil Writ Petition No.3080/1992, Om Prakash Saini Vs. State of Rajasthan, before the Principal Seat of this Court at Jodhpur. Vide order dated 11.06.1992, this Court stayed the operation of the suspension order dated 20.05.1992. During the pendency of the said writ petition, vide order dated 21.01.1993, which was duly published in Rajasthan Gazette on 22.01.1993, the Government of Rajasthan took a decision to withdraw the suspension order dated 20.05.1992. It further stated that the inquiry pending against the petitioner will not be effected. Therefore, the writ petition filed by the petitioner became infructuous; it was dismissed as infructuous vide order dated 11.09.1996.

(3.) Meanwhile, in 1995, the petitioner again contested the election as a member of the Board; again, he was elected. He completed his term in 2000. Considering his popularity, again he was re-elected as a member of the Board on 20.08.2000. According to the petitioner, his victory in 2000 election brought him face to face with his political adversary, one Mr. Subhash Sharma, who was elected as the Chairman of the Board. While Mr. Sharma acted as the Chairman, the petitioner was elected as the Vice-Chairman of the Board. Thus, began the battle between the two political adversaries.