AHMAD ALI Vs. MUNICIPAL COUNCIL & ANOTHER

JUDGEMENT

(1.) The petitioner is holding the post of L.D.C. in the service of Municipal Council, Jaipur since 1961 (this fact has been mentioned by the learned counsel for petitioner at the time of arguments and he has shown copy of order of appointment of the petitioner to the Court). By an order dated 7.1.88 passed by the-Commissioner (Hawamahal Zone), Municipal Council, Jaipur, the petitioner was placed under suspension in contemplation of a departmental inquiry under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. The petitioner submitted representation for revocation of the order of suspension. He then submitted another representation dated 17.2.88 for cancellation of the suspension order on the ground that the Commissioner had no jurisdiction to initiate the disciplinary action or to act as disciplinary authority. This representation of the petitioner did not yield any result. Instead, the Commissioner (Hawamahal Zone) Municipal Council, Jaipur issued memo dated 17.3.88 for holding of an inquiry under 1958 Rules. This memo has been placed on record as Annexure-4. The petitioner filed applications dated 24.3.88 and 28.3.88 for decision of his preliminary objection regarding jurisdiction of the Commissioner to suspend him or to initiate disciplinary inquiry against him.

(2.) Petitioner's case is that the Commissioner, Municipal Council, Jaipur is not his appointing authority nor is he a disciplinary authority qua the petitioner. Therefore, he had no authority to place the petitioner under suspension or to initiate disciplinary action against him.

(3.) This Court admitted the writ petition on 12.5.88 and after hearing the parties on 20.7.88, stayed operation of the order of suspension and also the disciplinary proceedings. At the same time the Court left it open to the competent authority to take fresh action against the petitioner.