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2022 Supreme(Jhk) 317

RAJESH SHANKAR
Ved Prakash Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: A.K. Sinha, Krishna Murari.
For the Respondents: Mohan Kumar Dubey, Akash Deep, Sachin Kumar.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the notification as contained in Memo No. 4038 dated 17.12.2021 issued by the respondent No. 2 whereby the petitioner has been removed from the post of Ward Councilor of Ward No. 39 of Ranchi Municipal Corporation declaring him unfit for the same in view of so called enquiry report and recommendation of the enquiry officer (the respondent No. 3) finding him guilty under Sections 18(2), 543(1) and 584(1) of the Jharkhand Municipal Act, 2011 (hereinafter referred to as ‘the Act 2011’) and Rule 3.11 of the Jharkhand Municipality Elected Representative (Discipline and Appeal) Rules, 2020 [hereinafter referred to as ‘the Rules 2020’]. Further prayer has been made to quash the entire enquiry proceeding conducted by the respondent No. 3 in connection with Complaint Case No. 02/2020.

2. The brief facts of the case, as stated in the writ petition, is that the petitioner was elected as a Ward Councilor of Ward No. 39 (Dhurwa) of Ranchi Municipal Corporation and he took oath of the said post on 27.04.2018. He received a notice bearing letter No. 2850 dated 01.06.2018 from the Urban Development and Housing Depa

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