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DINESH MEHTA
Narendra Kumar Khodaniya S/o Shri Ratanlal Khodaniya – Appellant
Versus
State Of Rajasthan, Through Its Director Cum Joint Secretary, Local Self Department – Respondent
ORDER :
Dinesh Mehta, J.
1. The petitioner, elected as Chairman of Municipal Board, Sagwara in the year 2021, has challenged the action of the respondents, more particularly, the order dated 05.06.2024 whereby the respondent No.3 has constituted a committee to inquire.
2. The facts germane are that on the basis of the complaint filed by one Shankarlal Decha, alleging that old building has been illegally demolished, an inquiry was conducted by the respondent No.2-Assistant Director (Vigilance) and by way of U.O. Note dated 23.08.2022, the same was dropped.
3. Another complaint is made in which it was alleged that the Members of Municipal Board have committed various irregularities. Acting upon said complaint, the respondent No.2-Assistant Director (Vigilance) asked the respondent No.3-Deputy Director (Regional), Udaipur to inquire into the matter and furnish a report within a period of seven days.
4. The respondent No.3-Deputy Director in turn constituted a committee of 4 persons by his order dated 05.06.2024, and asked them to look into the complaint and furnish report within 3 days.
5. The committee sent its report vide letter dated 23.08.2024 to the respondent No.3-Deputy Director, who
The principle of delegatus non potest delegare applies to statutory functions, not administrative actions, confirming the validity of inquiries conducted under the Rajasthan Municipalities Act.
The main legal point established in the judgment is the mandatory compliance with procedural requirements for initiating the removal and disqualification of an elected member of the Panchayat, includ....
Inquiry for misconduct can be continued under new municipal laws despite earlier proceedings, preventing double jeopardy while ensuring accountability.
The main legal point established is that a disqualification order must be based on valid reasons stated in the order and cannot be supplemented by fresh reasons subsequently given. The court also emp....
A full-fledged inquiry is mandatory when an elected representative denies allegations against their conduct, ensuring adherence to principles of natural justice as outlined in statutory provisions.
The removal of a Gram Pradhan must comply with statutory inquiry procedures, and failure to do so renders the removal order illegal.
Point of Law : Municipal Corporation - Suspension order - Suspension of a Chairman or a Member of a Municipal Board pending enquiry being an interim measure, suspension does not result in civil or ev....
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