JUDGMENT :

1. This writ petition has been preferred claiming the following reliefs:

“It is therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order, or direction,

(i) The order dated 12.05.2023 (Annexure-1) be quashed and set aside.

(ii) The Petitioner be reinstated on the post of Chairman of the Municipality Raisinghnagar, District – Ganganagar.

(iii) Any other order favourable to the Petitioners may also be passed.

(iv) Cost of writ petition may be awarded.”

2. As per the pleaded facts, the petitioner was elected as the Chairman of the Municipality, Raisinghnagar, District Ganganagar. However, the Vice Chairman, of the said Municipality, received a complaint, against the petitioner, alleging certain instances of misconduct and bias on the part of the petitioner (Chairman); the said complaint was forwarded to the Local Self Department, Government of Rajasthan, Jaipur, for the necessary action.

2.1. Upon receipt of such complaint by the Department, one Mr. Narendra Pal Singh, the then Deputy Director (Regional), Local Self Department, Bikaner was appointed as enquiry officer. An enquiry report dated 14.12.2022 was submitted by the enquiry officer, before the Director & Joint Secretary, Local Self Department, Rajasthan, Jaipur, wherein it was mentioned by the enquiry officer that looking into the issues raised in the complaint and dealt with in the enquiry report, the case is required to be looked into by a high level departmental enquiry committee.

2.1.1. The following issues were dealt with in the aforementioned enquiry report:

(i) Financial irregularities in payments towards sterilization of dogs,

(ii) Allotment of a strip of land (Khancha Bhoomi), which form part of the road; and

(iii) Huge loss of revenue to the State exchequer, as a consequence of irregular issuance of tenders, in relation to advertisement hoardings.

2.2. As per the averments made in the petition, the enquiry report was based on the complaint of the then Minister, Disaster Management & Relief, Administrative Reforms and Coordination Statistics Department, Government of Rajasthan, and in consequence of such complaint, the enquiry officer was appointed and directed to conduct inspection in question at the Municipality, Raisinghnagar.

2.3 Subsequently, a letter dated 23.02.2023 was addressed by the petitioner to the Director and Special Secretary, Local Self Government, with a request to provide to the petitioner a copy of the enquiry report dated 14.12.2022. However, instead thereof, on 27.04.2023, a charge-sheet was issued to the petitioner asking him to submit his response to the charges levelled therein, within three days thereafter.

2.3.1. The petitioner submitted a detailed reply to the aforementioned charge-sheet on 29.04.2023. However, the respondents, without taking into due consideration the contents of the said reply, exercised their power under Section 39(6) of Rajasthan Municipalities Act, 2009 (hereinafter referred to as ‘Act of 2009’), on the basis of the enquiry report, passed the impugned order dated 12.05.2023, suspending the petitioner from post of Chairman, Municipality, Rajsinghnagar, District Ganganagar, for the purpose of forwarding the matter for judicial enquiry.

2.4. Thus being aggrieved by the impugned action of the respondents, the petitioner has preferred this petition, claiming the afore-quoted reliefs.

3. Learned counsel for the petitioner submitted that the impugned suspension order is violative of Section 39(1) of the Act of 2009, as proviso to Section 39(1) specifically provides that an order of removal shall be passed by the State Government after such inquiry as it considers necessary to make either itself or through such existing or retired officer not below the rank of State level services or authority as it may direct and after the member concerned has been afforded an opportunity of explanation.

3.1. It was further submitted that the allegations in relation