PINKI SAHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 19th December, 2016, whereby, the petitioner has been suspended. The petitioner is an elected Chairperson of Municipal Board, Chhabra. She has been suspended precisely on the ground that after registration of FIR, she remained behind bars for more than 48 hours.

(2.) Learned counsel for petitioner submits that suspension can be effected only when the case falls under Section 39(6) of the Rajasthan Municipalities Act, 2009 (for short "the Act of 2009"). Section 39(6) of the Act of 2009 provides for suspension only when action is initiated under the said provision itself. Initiation of the proceedings under Section 39 of the Act of 2009 is at the stage when charge sheet is served on the elected persons. In the instant case, the petitioner has not been subjected to proceedings under Section 39 of the Act of 2009 so as to invoke Section 39(6) of the Act of 2009. In view of the above, impugned order deserves to be set aside.

(3.) Learned Additional Advocate General Shri JM Saxena has contested the writ petition. He submits that a person involved for offence under the Prevention of Corruption Act needs to be dealt with severely. Taking into consideration the aforesaid, an order of suspension has been passed. It is not only for the reason that petitioner remained behind bars for more than 48 hours but looking to her involvement. The prayer is, accordingly, not to interfere in the impugned order. A reference of the judgment of this court in the case of Jan Mohd. v. The State of Raj. & Ors., reported in 1992 (2) WLC (Raj.) 463 has been given.