STATE OF RAJASTHAN Vs. KAMAL PATHAK

JUDGEMENT

(1.) This appeal has been filed by the appellants- respondents (for short, 'the appellants') against the order dtd. 16/12/2020 passed by the learned Single Judge, whereby ex-parte interim order has been passed in favour of the respondent- petitioner (for short, 'the respondent') and the order dtd. 9/4/2021, whereby the application filed by the appellants to vacate the interim order dtd. 16/12/2020 has been dismissed.

(2.) Facts of the case are that the respondent was elected as a Chairperson of Nagar Palika, Pushkar. On the basis of a complaint submitted against him by the complainant, a factual report was sought by the appellants from Executive Officer, Nagar Palika, Pushkar. The Executive Officer after preparing the report, sent the same to the appellants. Subsequently a second complaint was submitted against the respondent by the same complainant to the Minister concerned, on the basis of which a report was called from the Executing Officer. The Executive Officer conducted a summary enquiry, prepared the report and sent the same to the appellants. Thereafter the appellants constituted a Three Members' Enquiry Committee, which called for a detailed report from the Executive Officer. The Executive Officer again conducted the summary enquiry and submitted his report to the Committee. Subsequently, the Deputy Director vide his letter dtd. 8/10/2020 sought a factual report from the Executive Officer, Nagar Palika, Pushkar. The Executive Officer conducted the enquiry and submitted a report. Despite that the appellants served a notice dtd. 2/12/2020 to the respondent, which was challenged by the respondent by filing S.B. Civil Writ Petition No. 14807/2020 before the learned Single Judge of this Court. After hearing the arguments, the learned Single Judge of this Court vide his order dtd. 16/12/2020 while issuing notice to the respondents, stayed effect and operation of the impugned notice dtd. 2/12/2020.

(3.) Thereafter the appellants put in appearance and filed an application under Art. 226 (3) of the Constitution of India for vacating the interim order, which came to be dismissed vide order dtd. 9/4/2021. Hence, this appeal.