AJMER SINGH YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Ajmer Singh Yadav, Chairman of the Municipal Board Bari, District Dholpur, has played for a writ of certiorari or a direction for quashing the order dated September 12, 1985 (Annexure 1) of the State Government placing the petitioner under suspension. The petitioner has also challenged the vires of Section 63(4) of the Rajasthan Municipalities Act, 1959 (for short 'the Act').

(2.) THE petitioner was elected as a member of the Municipal Board, Bari from ward No. 13 on February 14, 1982 and thereafter was unanimously elected as Chairman of the aforesaid Municipal Board. According to the petitioner in the month of March, 1984 the Government of Rajasthan had asked for the petitioner's explanation in respect of some items. However, when the petitioner met the then Minister for State for Local Self Department, Shri Praduman Singh on January 11, 1985, the Minister was satisfied with the petitioner's explanation and therefore no further proceedings were taken in the matter. It is the case of the petitioner that he had a meeting with the Collector, Dholpur in connection with some Municipal work about two months ago and there were some hot discussions between him and the Collector Dholpur. It appears that the Collector Dholpur did not take it very kindly and appears to have made some complaint against the petitioner to the Director of Local Bodies (hereinafter called as the Director, LB) -cum -Dy. Secretary to the Government, Local Self Department Government of Rajasthan, Jaipur. The petitioner received an order dated September 12, 1985 whereby the Government of Rajasthan, purporting to act under Section 63(4) of the Act, has placed the petitioner under suspension from the office of the Chairman/Member of the Board.

(3.) SHOW cause notice was issued to the respondents and on behalf of the respondent No. 1 State of Rajasthan reply has been filed. According to the State complaints of misconduct, abuse of office, were received against the petitioner from Shri Rajkumar Bharadwaj, Vice Chairman of the same Board on January 21, 1983. Upon the said complaint an enquiry was got conducted by the Collector through Shri Ahsan Ahmed Chhipa, Asstt. Collector Headquarters Dholpur. The inquiry report dated November 8, 1983 was forwarded by the Collector to the Director, LB on November 21, 1983 and after considering the same the State Government issued a notice along with the statement of charges to the petitioner on March 2, 1984. In response to the aforesaid notice which was accompanied by the statement of charges the petitioner appeared, but did not submit any reply till May 24, 1983. The Director, LB then requested the State Government to place the petitioner under suspension. Before taking any action personal hearing was afforded to the petitioner and he was given notice, but every time the petitioner sought adjournments and no reply to the show cause notice was submitted till May 2, 1985. That file is still pending and has not been dropped. It is further the case of the respondent No. 1 State of Rajasthan that complaints against the petitioner for his gross -misconduct in the discharge of his duties and abuse of his authority as Chairman were again received by the Collector on July 25, 1985 from Rajkumar, on July 26, 1985 from Rajkumar and on July 26, 1985 from Munnalal. The Collector Dholpur under his order dt. July 27,1985 requested the Director, LB for getting an inquiry conducted in the affairs of the Municipality and the misconduct of the petitioner. The Director, LB appointed Shri Madanlal Kala, Assistant Director Local Bodies to conduct an inquiry relating to complaints received against the petitioner by his order dated August 3, 1985. Shri Kala made an enquiry and submitted his report dated August 7, 1985 to the Collector and to the Director, LB. The Collector after scrutinising the inquiry report submitted by Shri Kala was satisfied that the petitioner has misconducted himself as Chairman by unlawfully disposing of the Municipal properties, allowing unlawful constructions against bye -laws, executing sale -deeds with his own signatures without any resolution of the Board, for taking no action against the trespassers and selling Municipal lands by negotiations without resorting to auction and thereby causing heavy loss to the Municipal Board. A request was made by the Collector for a regular inquiry under Section 63(2) and (3) of the Act and also for placing the petitioner under suspension from the office of the Chairman. The recommendations of the Collector were scrutinised and the report submitted by Shri Kala was also looked into and it was ordered to initiate inquiry against the petitioner on the grounds mentioned under Section 63(1)(d)(i) and Section 63(1)(d)(iv) of the Act. This order was issued only after approval of the Chief Minister. According to the answering respondent Section 63(4) of the Act is not violative of Article 14 of the Constitution and it provides opportunity of hearing.