The principles of natural justice require that no individual can serve as both Enquiry Officer and complainant to ensure fair proceedings.

ORDER :

Anoop Kumar Dhand, J.

The petitioner was elected as Mayor of the Jaipur Municipal Corporation - Heritage and she has been placed under suspension, vide impugned order dated 22.09.2023, by the respondents, by invoking the power contained under Section 39(6) of the Rajasthan Municipalities Act, 2009 (for short "the Act of 2009").

2. Feeling aggrieved by the suspension order and the proceedings initiated against the petitioner, she has approached this Court, by filing the present petition under Article 226 of the Constitution of India, with the following prayer:-

"In these circumstances, it is, therefore, prayed that this Hon'ble Court may be pleased to accept this writ petition and;

i) The impugned suspension order dated 22.09.2023 in respect of humble petitioner suspending her from the post of Mayor, Municipal Corporation Jaipur - Heritage as well as member of Ward No.43 of Municipal Corporation Jaipur - Heritage by the State respondents by invoking power under Section 39(6) of Rajasthan Municipalities Act, 2009 may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside;

ii) The impugned order no.P.2(Cha)/__/ACB/Janch/DLC/ 23/Spa-2 dated 05.08.2023 passed by Director, Local Self Department to authorize Deputy Director to conduct the preliminary inquiry as well as the impugned preliminary report dated 16.08.2023 may kindly be declared illegal, arbitrary being in violation of provisions of the Rajasthan Municipalities Act, 2009 and therefore, same may kindly be quashed and set aside;

iii) by issuing the writ of mandamus, order or direction in the nature thereof respondents may kindly be restrained from taking any other coercive action against the petitioner;

iv) respondents be directed to allow the petitioner to discharge the functions of Mayor, Municipal Corporation Jaipur - Heritage as well as member of Ward No.43 of Municipal Corporation, Jaipur - Heritage by restoring her on the aforesaid posts;

v) any order passed by the respondents to initiate judicial inquiry and any such process of judicial enquiry based upon preliminary inquiry report dated 16.08.2023 and suspension order dated 22.09.2023 during the pendency of the writ petition may be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside and;

vi) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case my also be passed in favour of the Petitioner."

3. By way of filing the instant petition, the petitioner has not only challenged her suspension order dated 22.09.2023, but also the entire process including the Preliminary Enquiry conducted by the respondents.

4. Learned counsel for the petitioner submits that the Director, Department of Local Bodies, Government of Rajasthan was not competent to appoint the Deputy Director (Regional) (for short "the DDR") as Enquiry Officer to conduct the Preliminary Enquiry against the petitioner. Counsel submits that the DDR was the Officer-in-Charge (for short "the OIC") in the early Writ Petition No.12675/2023, submitted by the petitioner, hence, she was an interested person/party. Counsel submits that simultaneously two different notices were issued not only by the Director but also by the DDR on the same day i.e. on 11.08.2023. Counsel submits that at the time of issuing notices to the petitioner, the relevant background and materials were not provided to her, hence, under those circumstances a detailed application was submitted on 23.08.2023 before the Director, Local Bodies Department, for providing the same for submitting appropriate reply. Counsel submits that the aforesaid application, filed by the petitioner, was treated as reply to the notices and on the basis of the same, the Enquiry Report was prepared by the DDR on 16.08.2023 and on the basis of the same, the petitioner has been placed under suspension vide order dated 22.09.2023. Counsel submits that as per the mandate contained