The court established that only individuals of the rank of Commissioner are eligible for the position of Executive Officer in Municipal Councils, as per the Rajasthan Municipal Service Rules, 1963.

JUDGMENT :

SAMEER JAIN, J.

1. The instant petition is filed with the following prayers:-

“i) Please to call for the record and allow the writ petition filed by the petitioner.

ii) Remove the Respondent No. 4 from the post of the Executive Officer, Chomu.

iii) Cancel/quash the order dated 22.02.2024, quo respondent No. 4.

iv) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.”

2. Learned Senior Counsel, Mr. R.B. Mathur, appearing on behalf of the petitioner has submitted that the instant petition is filed being aggrieved of the illegal appointment of respondent no.4 i.e. Mr. Shubham Gupta, as the Executive Officer of Nagar Parishad Chomu.

3. In order to substantiate upon the noted grievance, learned counsel submitted that the petitioner herein is the Chairman of the Nagar Parishad, Chomu. It was averred that vide notification dated 01.08.2023, as issued by the Department of Local Self Government, the Nagar Palika Chomu was declared as a Nagar Parishad (Municipal Council). Meanwhile, vide order dated 10.08.2023, respondent no. 4- Mr. Shubham Gupta, who belongs to the Executive Officer-III Category, was transferred /posted as Executive Officer of Nagar Parishad Chomu.

4. Being aggrieved of the respondent no.4’s appointment as Executive Officer, the petitioner’s father filed a representation before respondent nos. 1 and 2 alleging that such appointment is illegal per se, as only a person who belongs to the category of Commissioner can be appointed as Executive Officer of any Municipal Council as per the Rajasthan Municipal Service (Administrative and Technical) Rules, 1963 (hereinafter, Rules of 1963). In this regard, it was averred that subsequent to the notification dated 01.08.2023, Nagar Palika Chomu was declared as Nagar Parishad (Municipal Council). Therefore, the Executive Officer so appointed therein, ought to fulfil the aforementioned criteria, which in the facts of the present case, is not met by the credentials of the respondent no. 4, as Mr. Shubham Gupta is merely an Executive Officer-Grade III.

5. Learned counsel further submitted that pursuant to the said representation, the Department of Local Self Government vide order dated 21.02.2024, made the respondent no. 4 the APO from the post of Executive Officer, Chomu. However, much to the shock and surprise of the petitioner, the very next date i.e. vide order dated 22.02.2024, the posting of the respondent no. 4 as APO was cancelled whilst he continued to serve as Executive Officer. Therefore, being aggrieved of the arbitrary actions of the respondents, the petitioner has preferred the instant petition seeking a writ of quo warranto.

6. At this juncture, learned counsel for the petitioner reiterated that the posting and charge given to the respondent no. 4 as an Executive Officer is against the provisions of law encapsulated in the Rules of 1963 as only a person who belongs to the category of Commissioner can be appointed and posted as Executive Officer of any Municipal Council. Therefore, the respondent no. 4 could have only become the Executive Officer, Chomu prior to the Nagar Palika being declared as a Nagar Parishad (Municipal Council). In support of the arguments advanced, learned counsel also placed reliance upon the dictum of the Coordinate Bench of this Court as enunciated in the order dated 15.02.2021 passed in S.B. Civil Writ Petition No. 2185/2021 titled as Shrawan Ram and Ors. vs. State of Rajasthan and Ors.

7. Learned counsel, in conclusion, stressed that the respondent nos. 1 and 2 are expected to act in accordance with law whilst making such public postings. The action of the respondents in giving positing to respondent no. 4 as an Executive Officer, Chomu is not sustainable in the eyes of law, as Mr. Shubham Gupta does not possess the due authority to