Honble VYAS, J.—By way of filing this writ petition, the petitioner has challenged the impugned order of suspension dated 3.10.2008 and prayed that the order of suspension may be quashed and set aside and the petitioner may be restored to her position as if she was never placed under suspension and she may be relegated to the position, which was obtaining prior to passing of the impugned order and the entire proceedings conducted so far may be quashed and the Government may be restrained from holding inquiry on the premise of inquiry report of the Deputy Director (Regional), Ajmer.

2. Brief facts of the case are that the petitioner was elected as Ward Member from Ward No.11 in the month of August 2005 in the Parbatsar Municipal Board. Thereafter, elected members of the Municipal Board elected the petitioner as Chairman unanimously. Since then she was continuing until passing of the impugned order of suspension. In the writ petition, it is pointed out by the petitioner that she is belonging to the Indian National Congress and the State Government is ruled by another political party Bhartiya Janata Party (BJP), therefore, the State Government is always having an evil eye over the members belonging to the Indian National Congress. In the writ petition, the petitioner has stated that whenever the ruling Government got the opportunity to uproot the elected person of the Indian National Congress, they have been uprooted and, for illustration, it is stated by the petitioner that in Nagaur district, there are 4 Municipal Boards viz., (i) Deedwana, (ii) Merta, (iii) Nagaur and (iv) Parbatsar.

3. In para 5 of the writ petition, it is specifically contended that so far as Merta Municipal Board is concerned, one Smt. Vimla Devi who was elected Chairman was placed under suspension against which she preferred writ petition before this Court and her writ petition was allowed by this Court while setting aside the suspension order. The said Smt. Vimla Devi belongs to the Indian National Congress and she was uprooted in a systematic manner at the cost of law, democracy and public feelings. It is contended by the petitioner in the writ petition that she being elected Chairman of the Municipal Board was discharging her duties faithfully, religiously and was following the laws as prescribed in the Rajasthan Municipalities Act; but, the Government placed her under suspension vide the impugned order dated 03.10.2008. The said suspension order was passed on the basis of some preliminary inquiry which was got conducted through the Deputy Director (Regional), Ajmer in which the so called allegations were found to be proved and the petitioner was called upon to submit her explanation within 15 days and, for that purpose, a communication was sent to the petitioner dated 03.09.2008 which was received by her on 08.09.2008. The petitioner has placed the said communication on record marked Annex.-2.

4. As per the petitioner, the said notice was on the face of it illegal and not passed on any evidence. After receiving the said notice, the petitioner submitted her explanation vide her reply dated 12.09.2008 and the same was dispatched to the Government through speed-post. As per information of the petitioner, the said reply was served upon the Government on 18.09.2008. It is further submitted by the petitioner that in the communication dated 03.09.2008 she was called upon to file her reply within 7 days. Since the notice was received by her on 08.09.2008, therefore, within the stipulated time, reply was filed by her. But, without considering the said reply and observing in the suspension order that till today no reply has been filed, the impugned order has been passed. Thus, on this count alone, the impugned order deserves to be quashed and set aside.

5. As per the petitioner, no inquiry was conducted nor she was apprised of any of the evidence against her. So also, none of the allegations levelled against her can be treated to be proved against the petitioner, th

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