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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Rasida Khatoon W/o Mainuddin Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
For convenience of exposition, this order is divided in the following parts: -
INDEX
(1) Factual matrix of the case
(2) Submissions on behalf of the petitioner
(3) Submissions on behalf of the respondents
(4) Discussions and Analysis
(5) Conclusion and Directions
Factual matrix of the case:-
1. Since, these writ petitions involve common questions of law and facts, therefore, with consent of the counsel for the parties, arguments have been heard together in all these matters and the same are being decided by this common order.
2. The petitioner has submitted three different writ petitions by way of (i) challenging the suspension order dated 15.07.2024 passed by the respondents; (ii) challenging the judicial enquiry conducted against the petitioner under Section 39 of the Rajasthan Municipalities Act, 2009 (for short, ‘the Act of 2009’); (iii) challenging the enquiry report, submitted by the Enquiry Officer, on the ground that the enquiry was not conducted by the Enquiry Officer, so appointed for this purpose, but instead the powers were delegated to the subordinate authorities.
Submissions on behalf of the petitioner:-
3. Counsel for the petitioner submits that
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.
Preliminary inquiries can be delegated for fact-finding without violating the principle of non-delegation in administrative actions under the Rajasthan Municipalities Act.
The principles of natural justice require that no individual can serve as both Enquiry Officer and complainant to ensure fair proceedings.
Suspension of an elected representative is valid when misconduct is established, with the suspension being justified under relevant statutory provisions, ensuring accountability and public confidence....
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
Suspension of an elected public representative must adhere to procedural fairness while upholding the integrity of judicial inquiries, as misconduct undermines public trust.
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....
Inquiry for misconduct can be continued under new municipal laws despite earlier proceedings, preventing double jeopardy while ensuring accountability.
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