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2020 Supreme(Raj) 240

ASHOK KUMAR GAUR
Rajaram Gurjar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Rajendra Prasad, Advocate, Deepak Sharma, Advocate, Karan Tibrewal, Advocate, Anil Mehta, Advocate, Yashodhar Pandey, Advocate, Mehul Harkawat, Advocate

JUDGMENT

Ashok Kumar Gaur, J. - The instant petition has been filed by the petitioner challenging the order dated 06.12.2019 passed by the Director and Joint Secretary, Local Self Government placing the petitioner under suspension from the post of Chairman, Municipal Council, Karauli invoking Section 39(6) of the Rajasthan Municipalities Act, 2009 (hereinafter shall be referred to as "the Act, 2009").

2. The facts, pleaded in nutshell, are that the petitioner was duly elected as Chairman, Municipal Council, Karauli, District Karauli in August, 2015 and stated to be discharging his duties with utmost sincerity and honesty and there was no complaint of any misconduct against the petitioner in last four years except some false complaints, said to be made by the ward members of the opposite political party.

3. The petitioner has pleaded that he was in receipt of the letter dated 06.12.2019 issued by the respondent No.2 stating that the petitioner was guilty of misconduct in discharge of his duties, as per the comments received from the Commissioner, Municipal Council, Karauli and the factual report received from the Superintendent of Police, Karauli implicating the petitioner in FIR No.

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