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2022 Supreme(Raj) 123

DINESH MEHTA
Nirmal Kumar Pitaliya S/o Shri Himmat Singh Pitaliya – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajesh Joshi, Sr. Advocate with Mr. Vineet R. Dave Mr. C.S. Kotwani, through VC.
For the Respondent: Mr. Sunil Beniwal, AAG Mr. Vikas Balia, through VC.

JUDGMENT:

1. The facts leading up to the present writ petition are that the petitioner was elected as a Councilor of Ward No.7 of Municipal Board Badi Sadri and thereafter elected as Chairperson of the said Municipal Board in the municipal election held on 07.02.2021.

2. On 19.05.2021, on the basis of a complaint of one Vishnu Dutt Sharma, the Additional Superintendent of Police, Anti Corruption Bureau, Udaipur, apprehended Kush Sharma, brother- in-law of the petitioner while accepting a sum of Rs.2 lacs allegedly as a bribe on behalf of the petitioner. An FIR No.157/2021 came to be lodged on 26.05.2021, in which the petitioner so also said Kush Sharma was implicated for demanding and accepting the bribe of Rs.2 lakhs.

3. The Anti Corruption Department, in turn, sent an information to the State Government in this regard, acting whereupon, the petitioner was placed under suspension vide order dated 05.07.2021.

4. The petitioner has called in question, the suspension order dated 05.07.2021 by way of instant writ petition, which came to be filed on 09.12.2021.

5. On previous date(s) of hearing the Court expressed its concern about the stage of the proceedings and in response thereto an aff

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