The mandatory requirement of providing the delinquent with a copy of the enquiry report and affording an opportunity to make a representation against the report before passing any removal order.

The petitioner, Smt. Vimla Vyas, having been elected as Member of the Municipal Board, Merta City and• then as Chairperson of the said Municipal Board but having been removed from the Office of Chairperson and as Member of the Board after a judicial enquiry and having also been debarred from contesting the elections for next six years, challenges such action of the State Government by way of this writ petition.

2. Briefly put, the background facts and aspects of the matter are that the petitioner Smt. Vimla Vyas, after being' elected as a Member of the Municipal Board, Merta City, came to be elected to the office of the Chairperson of the said Municipal 'Board. The petitioner was, however, put' under suspension by an order made by the State Government on 15-11-2006 (Annex.1) in contemplation of enquiry under Section 63 of the Rajasthan Municipalities Act 1959 ('the Act of 1959'). Aggrieved of such suspension order, the petitioner preferred a writ petition to this Court, being CWP N6 6647/2006, wherein an interim was passed on 29-11-2006 (Annex. 3) staying the operation of the impugned order. Thereafter, the petitioner was served with a charge-sheet (Annex. 4), leveling the allegation that she failed to call for a requisite meeting and in the meeting as convened on 27-2-2006, failed to incorporate in the allegation items a representation made by certain concillors. It is the case of the petitioner that the enquiry pursuant to the said charge-sheet is still pending.

3. However, the State Government again placed the petitioner under suspension by the order dated Ilt6-2007 (Annex. 5) with the observations\that in view of the preliminary enquiry on other allegations, it was decided to put that latter to judicial enquiry, and for the likelihood of interference with the enquiry proceedings, she was required to be placed under suspension.

4. It appears that the petitioner was served with another charge-sheet with 7 charges, essentially on the allegations of financial irregularities and causing substantial loss to the funds of the Board in the matters relating, to: (1) purchase of road-lights; (2) purchase of timer-switches; (3) contract for maintenance of road-lights; (4) contract for erection of welcome boards, (5) purchase of garbage boxes; (6) purchase of iron tree-guards; and (7) publication of various advertisements in newspapers.

5. So far the. Sus-pension order as passed by the State Government on 11-6-2007 was concerned, the same was put to challenge by the petitioner, by way of another writ petition, being CWP No. 3729/2007, that came to be allowed on 1'7-8-2007 (Annex. 6). This Court despaired the suspension of the petitioner, the respondents were directed to conclude the enquiry expeditiously, and the Government was also required to pass appropriate orders on the enquiry report expeditiously; and the entire process of enquiry including consideration of enquiry report and action thereon was to be completed within a period 'of four months. This Court said,-

"Accordingly', 'this petition for writ is allowed. The order impugned dated 11-6-2007 is -quashed to the extent it relates to suspension of the petitioner from the office of Chairperson, Municipal Board, Merta City. Consequent there to the petitioner stands restored as Chairperson of the Municipal Board, Merta city. The respondents as well as the inquiry officer are directed to conclude the inquiry expeditiously, as far as possible within a period of three months from today. The petitioner is directed to co-operate with the respondents and the inquiry officer for expeditious conclusion of the inquiry. In the event, the petition do not co-operate with the inquiry, the inquiry officer may record the reason and proceed ex parte strictly in accordance with law and inquiry officer for expeditious conclusion of the inquiry. In the event, the petitioner do not co-operate with the inquiry, the inquiry officer may record the reasons and proceed ex parte strictly in accordance wi