HEMAN DAS Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the suspension order dated 25.6.2009 on the ground that the order is wholly without jurisdiction as the District Collector is not the appointing authority of any employee in any Municipal Board, as per the Rajasthan Municipalities Act as well as the Rules framed thereunder.

(2.) Respondent no.2-Municipal Board has filed reply and clearly stated that under Section 310 of the Act of 1959, the members of the ministerial staff can be appointed by the Council or the Board, as the case may be and power of suspension can be exercised by the appointing authority and in this case, the Collector is not the appointing authority.

(3.) Since the members of the staff can be appointed by the Board under Section 310 of the Act of 1959 and the District Collector of the area wherein the Municipal Board, Council or Corporation is situated, is not the appointing authority of the employees of the Municipal Board and, therefore, has no jurisdiction to suspend the employee of the Municipal Board, Council or Corporation.