Hon'ble BHAGWATI, J.—Since all the aforesaid three writ petitions arise out of the same impugned order dated 30.3.2011, the arguments have been heard together and they are being disposed of by this common order.

2. By way of the instant writ petitions, the petitioners have sought the following relief:

“i) by an appropriate writ, order or direction the impugned suspension order dated 30.3.2011 (annex.4) passed by respondent no.2 whereby the membership of the municipal board of the petitioner has been suspended, may kindly be quashed and set aside declaring the same as illegal, arbitrary, unjustified and against the provisions of law as well as evidence available on record.

ii) Any other appropriate order or directions, which this Hon'ble Court considers expedient, just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioners; and

iii)Cost of this writ petition may kindly be awarded in favour of the humble petitioners.”

3. Adumbrated in brief, the facts of the case are that on 21st January, 2011, Collector, Churu asked Shri Ranjeet Singh Rathore, the Executive Officer, Municipal Board, Sardar Shahar to go to bus stand, Sardar Shahar and stop some persons who were likely to encroach upon the government land situated at the south east of bus sand. Collector, Churu also directed him to put the board of Municipality on the land. Collector had sent the S.I. of Municipal Board also who found there Inder Chand, Raj Karan and many other persons including the petitioners who were encroaching upon the govt. land by laying stone slabs and fencing the same with barbed wire. The complainant immediately approached Tehsildar and asked for help. He took the Municipality staff alongwith him on the spot where the staff of the Municipality prevented them from committing trespass, but in return, they started abusing the staff and insulted the sweepers of Municipality by calling generic or communal abuses. They also gave them beating and jostled with the staff. The complainant Ranjeet Singh lodged the FIR No. 25/2011 with Police Station, Sardar Shahar and the police commenced the investigation.

4. SDO, Sardar Shahar conducted the preliminary enquiry for the alleged act of the petitioners deterring the employees of Municipality, Sardar Shahar from discharging their official duties as public servants who had gone to prevent the encroachment to be made by some of the members of Municipal Board of Sardar Shahar and other persons. SDO, Sardar Shahar, having recorded the statements of 10 to 12 employees of Municipality and affording an opportunity of being heard to the petitioners and carefully perused the entire evidence collected by him, found the petitioners guilty of encroaching upon the valuable land of the Government and deterring employees of Municipality from discharging their official duty as public servant. SDO, Sardar Shahar also found that the petitioners and others abused the employees, gave a beating and jostled them when they prevented the petitioners from encroaching upon the government land and causing others also to commit trespass over the said land. On the basis of the preliminary report, the State Government vide its order dated 30th march, 2011 placed the petitioners under suspension, who happened to be the members of the municipal Board, Sardar Shahar.

5. Heard the learned counsel for the petitioners as also the learned Government counsel appearing for the State and carefully perused the relevant material available on record.

6. Learned counsel for the petitioners canvassed that the impugned orders of placing the petitioners under suspension are illegal, arbitrary and contrary to the provisions of the Municipal laws. The First Information Report lodged by the complainant Ranjeet Singh was totally misconceived. There was no order in writing given by Collector directing the complainant to go on the spot and prevent encroachment. The contents of First Information Report reveals that the complaina

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