The State Government has the power to change the enquiry officer conducting an enquiry under Section 63(3) of the Rajasthan Municipalities Act, 1959, due to administrative exigency.

Arun Madan, J.-The petitioner who is elected Member of Municipal Board, Dausa and subsequently elected as Chairman of the said Municipal Board has moved this Court by way of instant writ petition challenging the order dated 20-5-1999 (Annexure-2) following the direction of the State Government consequent upon which the enquiry which was earlier being conducted by Joint LR (II) was entrusted to another enquiry officer who is of the equivalent competent rank of Joint LR (L), Legal Department, Secretariat, Jaipur.

2. The case of the petitioner in short is that he was elected as Ward Member of the Municipal Board, Dausa for short ‘the Board’ and subsequently elected as Chairman of the said Board. It is alleged that on the basis of some false and frivolous complaints received against the petitioner, preliminary enquiry was directed to be held against him and in pursuance thereof , the Director Local Bodies, Jaipur, (respondent No. 2) sent a show cause notice to the petitioner to which, he filed reply which was not found satisfactory by respondent No. 2 resulting in passing of order of suspension dated 16-1-1999.

3. Soon after passing of the suspension order as aforesaid, respondent No. 2 also forwarded the case of the petitioner for Initiation of regular enquiry to senior judicial officer of the rank of Joint L. R. (ii). Legal Department, Secretariat, Jaipur. The Board having resorted to the provisions of Sections 63(2) and 63(3) of the Rajas than Municipalities Act, 1959 for short the “Act of 1959” and after drawing up a statement of the case

setting out distinctly the charges against the petitioner, forwarded the same along with the preliminary enquiry report to the aforesaid judicial officer i.e. Joint LR (II), Legal Department, Secretariat. Jaipur who is equivalent to the rank of a District Judge. This fact has not been disputed by the petitioner that the matter was referred to the Joint LR (II), Jaipur in accordance with law having resort to the provisions of the Act of 1959 and the Joint LR (11) commenced the proceedings to enquiry into the allegations levelled against the petitioner on the basis of the charges formulated against him and alter giving him due opportunity of hearing, recorded evidence of witnesses who were summoned to depose before the enquiry officer during the course of enquiry and pending the enquiry, the petitioner was placed under suspension on 16-1-1999 by having resort to the provisions of Section 63(4) of the Act which provides thus :-

“(4) Notwithstanding the foregoing provisions of this section, the State Government may place under

suspension a member against whom proceedings have been commenced under this section until the

conclusion of the inquiry and the passing of the final order and the member so suspended shall not be

entitled to take part in any proceedings of the board or otherwise perform the duties of a member thereof”

4. It is pertinent to mention that during the pendency of enquiry proceedings before the concerned judicial officer, an application was moved on behalf of the petitioner before the Enquiry Officer viz., Joint LR and Judicial Enquiry Officer. Legal Department, Secretariat, Jaipur to provide the certified copy of the statement of the witness in response to which, the said officer vide his letter dated 19-5-1999 (Annexure-1) informed the petitioner that the judicial enquiry was directed to be initiated against him in accordance with the provisions of Section 63(3) of the Act under the directions of the State Government which is confidential and for which neither the Secretariat has any concern with it nor there is any provision in the Secretariat regarding issuance of certified copies of the statements of witnesses and further, after recording the evidence of departmental witness, 11 witnesses of the delinquent have been examined while remaining evidence is yet to be concluded and the matter is fixed for 2 1-5-1999. Thereafter, on 20-5-1999 a communication was sent to Joi