MANISH MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been preferred claiming the following reliefs:

(2.) As per the pleaded facts, the petitioner was elected as the Chairman of the Municipality, Raisinghnagar, District Ganganagar. However, the Vice Chairman, of the said Municipality, received a complaint, against the petitioner, alleging certain instances of misconduct and bias on the part of the petitioner (Chairman); the said complaint was forwarded to the Local Self Department, Government of Rajasthan, Jaipur, for the necessary action.

(3.) Learned counsel for the petitioner submitted that the impugned suspension order is violative of Sec. 39(1) of the Act of 2009, as proviso to Sec. 39(1) specifically provides that an order of removal shall be passed by the State Government after such inquiry as it considers necessary to make either itself or through such existing or retired officer not below the rank of State level services or authority as it may direct and after the member concerned has been afforded an opportunity of explanation.