Point of Law: Issues of larger public interest, comprising functioning of municipal bodies in State require a detailed consideration and adjudication.

ORDER :

1. Upon the grave insistence made by learned counsel for the petitioner for disposal of the present petition today itself, the same is being decided finally today itself.

2. This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“It is, and humbly cost and;

(A) By an appropriate writ or Quo Warranto, or any other writs in the nature thereof the impugned orders dated 20.05.2022 (Annexure-1) and dated 08.06.2022 (Annexure-2), passed by respondent Director-cum-Joint Secretary, Department of Local Self Government, Jaipur (Respondent no.2), consisting of illegal appointment of respondent no.5 Shri Yogesh Acharya, as Municipal Commissioner, may very kindly be declared, violative of provisions of the Rajasthan Municipality Service Rules 1963 and Rajasthan Municipal Services (Administrative & Technical) Rules of 1963 and so also violative of Article 14 and 16 of the Constitution of India, consequently the illegal appointment of respondent no.4 may kindly be ordered to be cancelled, forthwith, with further direction to respondents, not to appoint any non-eligible person on said post.

(B) By, an appropriate writ, order or direction, respondent no.1 to 3, may kindly be restrained, from appointing any non-eligible person, on the post of Municipal Commissioner, Municipal Council, Barmer, and the post may kindly be ordered to be strictly filled, in accordance with law, while adhering the provisions of Rules of 1963 or any other law framed by government, through a regular promotion process.

(C) Any other order or direction which this Hon’ble Court deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

3. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner is a resident of Barmer District, while presently residing at Jodhpur. The petitioner is raising an issue about illegal appointment of private respondent No.5-Yogesh Acharya, on administrative post of Municipal Commissioner, Municipal Council, Barmer.

3.1. Various complaints, alleging serious misconduct, was filed against respondent no.5, and upon receiving such complaints, a department enquiry was conducted by the Deputy Director (Regional), Jodhpur; however, pending the departmental proceedings, upon receiving a report dated 05.08.2020, wherein it was observed that prima facie, the respondent no.5 was found to have indulged in corrupt practices, irregularities and had also caused the revenue loss to the State Exchequer, the respondent No.5 was placed under suspension vide order dated 15.09.2020, in exercise of the powers under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.

3.2. The respondent-Department has passed an office order dated 01.06.2022, whereby, as per the petitioner, ad hoc charge of the post of Municipal Commissioner of different Municipal Bodies, has been given to Administrative Officers, holding the post of SDO, Tehsildar or Executive Officer; whereas, according to the petitioner, the respondent No.5, despite not holding any of the said posts, at the relevant time, was given such charge of the post of Municipal Commissioner.

3.3. The respondent no.5, who, at the relevant time, was holding the post of Assistant Administrative Officer, was given additional charge of the post of Municipal Commissioner, Barmer, on the ground of administrative exigencies, vide order dated 20.05.2022 for a period of 15 days, which was further extended from time to time, vide, amongst others, order dated 08.06.2022 by Director-cum-Joint Secretary, Department of Local Self, Government of Rajasthan, Jaipur.

3.4. The petitioner, seeking redressal of his grievance regarding the alleged illegal appointment of the respondent no.5, submitted the representation dated 12.08