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ANOOP KUMAR DHAND
Munesh Gurjar – Appellant
Versus
State of Rajasthan – Respondent
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:-
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 0
The principles of natural justice require that no individual can serve as both Enquiry Officer and complainant to ensure fair proceedings.
The main legal point established is the principle of bias in departmental inquiries, emphasizing the importance of impartiality and fairness in the appointment of Presenting Officers.
Disciplinary proceedings must adhere to principles of natural justice, including communication of inquiry reports and provision for cross-examination, to ensure fairness and validity.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
Procedural violations in disciplinary inquiries affecting natural justice necessitate judicial review and potential intervention.
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