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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Munesh Gurjar W/o Sushil Gurjar – Appellant
Versus
State of Rajasthan – Respondent
Order :
ANOOP KUMAR DHAND, J.
For convenience of exposition, this judgment is divided in the following parts:-
INDEX
(1) Submissions by counsel for petitioner:-…….…………….….......2
(2) Judgments referred by counsel for petitioner:-…………….…..5
(3) Submissions by counsel for respondents:-.……..…….…......…5
(4) Judgments referred by counsel for respondents:-……………..8
(5) Rejoinder by counsel for petitioner:-……………………………....8
(6) Discussions & Analysis:-.…………….………………………………….9
(7) Conclusion & Direction:-……………………………………………….28
1. By way of filing this writ petition, a challenge has been led to the impugned order dated 23.09.2024 passed by the respondents by which the petitioner has been placed under suspension from the post of Mayor of Jaipur Municipal Corporation, Heritage.
Submissions by counsel for petitioner:-
2. Learned counsel for the petitioner submits that an F.I.R. was registered against the petitioner’s husband with the Anti- Corruption Bureau, alleging that he was involved in taking bribe in consideration of signing a patta.
3. Counsel submits that certain news articles were published in the newspaper and based on the basis same, the petitioner was placed under suspension vide order dated 05.08.2
Suspension of an elected public representative must adhere to procedural fairness while upholding the integrity of judicial inquiries, as misconduct undermines public trust.
Suspension of an elected representative must be based on sufficient grounds and objective satisfaction, not arbitrary or politically motivated actions.
Point of Law : Obtaining explanation and its consideration before suspension is not a condition precedent for suspension of a member of the municipality and further Division Bench had not granted rel....
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....
The court established that suspension of a municipal member can occur without prior notice if proceedings have commenced, interpreting the relevant sections of the Rajasthan Municipalities Act, 2009.
The principles of natural justice require that no individual can serve as both Enquiry Officer and complainant to ensure fair proceedings.
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....
Suspension of an elected official under ongoing criminal proceedings is valid, yet procedural fairness in disciplinary inquiries must be maintained—misconduct finding quashed for lack of hearing.
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