1992 Supreme(Raj) 931
N.L.TIBREWAL
Bhanwar Lal Chhabra – Appellant
Versus
State of Rajasthan – Respondent
Judgement Key Points
- Proceedings against a delinquent Member/Chairman of a Municipal Board under section 63 of the Rajasthan Municipalities Act, 1959 commence when the State Government considers the report of the preliminary inquiry and makes up its mind to take action for removal under section 63(2). (!) [17000189650006][17000189650007] (!) (!) (!) [17000189650014]
- The State Government is competent to pass an order of suspension at the stage after considering the preliminary inquiry report and deciding to initiate action under section 63(2), in exercise of its supervisory authority under section 63(4). [judgement_subject] (!) [17000189650004][17000189650006][17000189650007][17000189650008] (!) (!) [17000189650009][17000189650010] (!) (!)
- No pre-decisional hearing is required before passing the suspension order, as it is an interim measure pending inquiry, and principles of natural justice do not apply at this stage. [judgement_subject] (!) [17000189650003][17000189650006][17000189650008][17000189650009] (!) (!) (!) (!)
- Suspension order is not punitive but a temporary measure to prevent misuse of office or harm to the municipality during pendency of inquiry. (!) [17000189650006][17000189650009] (!) (!) [17000189650014]
- Preliminary inquiry under proviso to section 63(1) verifies substance of allegations and serves as safeguard against arbitrary suspension; State Government must apply mind to its report before deciding on further action. [17000189650004][17000189650006] (!) [17000189650007][17000189650008][17000189650013] (!)
- Stages under section 63(2): (i) decision to initiate action post-preliminary inquiry; (ii) drawing up statement of charges after explanation; (iii) referral to judicial officer for inquiry. Suspension permissible at first stage. [17000189650007] (!) (!) (!) [17000189650008]
- Allegations of mala fides must be specific, substantiated, and proven; vague political rivalry claims insufficient without evidence. [17000189650012]
- Suspension not without foundation if based on serious allegations of misconduct and abuse of power prima facie found true in preliminary inquiry report, reflecting subjective satisfaction of State Government. [judgement_subject] (!) [17000189650013]
- Post-suspension, opportunity of hearing provided before framing charges under section 63(2), allowing potential dropping of proceedings. [17000189650008][17000189650009][17000189650011] (!) (!)
- Expeditious inquiry essential for elected representatives to avoid prolonged suspension; undue delay may warrant judicial intervention. [17000189650014]
- Writ petition challenging suspension dismissed as proceedings validly commenced and order proper. [judgement_subject][Final Decision][17000189650014] (!)
JUDGMENT
1. - In this writ petition under Article 226 of the Constitution, the controversy relates to the suspension of the Chairman of the Municipal Board, Kekri. It is now well settled that an order of suspension by way of an interim measure pending an enquiry into the charge is not by way of penalty, but, it is equally important that an office of Chairman of a Municipality is an elective office and action of suspension against such person should not be lightly taken without some foundation. The courts should be zealous to see that an elected Member/Chairman is not lightly and arbitrarily suspended or removed from his office. But, still a temporary suspension of a delinquent elected member may be considered necessary or desirable under particular circumstance of a case to save the Municiplity and its funds from ruin. The State Government under its supervisory power, has been invested with the power to suspend a Member or Chairman of a Municipality under sub-sec. (4) of Section 63 of the Rajasthan Municiplities Act, 1959 (hereinafter, to be referred to 'as the Act'). While exercising this power, the State Government is not expected to act mala fide in passing the order of suspensi
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