SHYAM SUNDER SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was elected as a Chairman of the Municipal Board, Nawalgarh in the general elections held in 1990. He was suspended on 5. 8. 92.

(2.) THE submission of the learned counsel for the petitioner is that the order of suspension is illegal and without jurisdiction because the proceedings were not commenced as contemplated under Sec. 63 (4) of the Rajasthan Municipalities Act, 1959. It is also submitted that a copy of the enquiry report was not given to him and that the charge in the notice were ditferent and vague and that the action is mala fide and in the order the enquiry is contemplated against the Municipal Board and against the Chairman and there is no application of mind since the explanation submitted by the petitioner has not been considered.

(3.) THE Government on the basis of the said report comes to the conclusion that the action in accordance with sub-sec. (2) of Sec. 63 is to be taken and that before the matter is sent to the Judicial Officer a decision is taken to suspend the offect under Sec. 63 (4) of the Act;