[2025:RJ-JD:38752]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15734/2025 Ramswroop Bhati S/o Mohan Lal Bhati, Aged About 38 Years, Ward No.3, Jaitaran District Beawar.

----Petitioner Versus

1. The State Of Rajasthan, Through Director Cum Secretary, Directorate Local Self Department, Jaipur.

2. The Dy. Director (Regional), Local Self Department, Ajmer.

3. Dy. Director (Vigilance), Local Self Department, Jaipur.

4. Asstt. Director (Vigilance), Local Self Department, Jaipur.

5. Municipal Board Jaitaran, District Beawar Through Its Executive Officer.

6. Avinash Gehlot, Local Mla Jaitaran District Beawar.

Presently Cabinet Minister, Department Of Social Welfare And Justice, Govt. Of Rajasthan, Jaipur.

----Respondents For Petitioner(s) : Mr. Ramawatar Singh Mr. Yuvraj Singh For Respondent(s) : Mr. Rajesh Panwar, AAG assisted by Mr. Ayush Gehlot Mr. Monal Chugh HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

Reportable

29/08/2025 By way of filing the instant writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:

(i) The impugned order of suspension dated 11.08.2025 (Ann.26) passed by respondent no. 1 kindly be declare highly arbitrary, unjust, malafide one and same may kindly be quashed and set aside.

(ii) The inquiry initiated by the respondent no. 1 under section 39 of the Act of 2009 in pursuance of the preliminary inquiry report dated 09.07.2025 and show cause notice dated

01.08.2025 may kindly be summoned.

(iii) The entire proceedings in pursuance of the preliminary inquiry report dated 09.07.2025 and show cause notice dated 01.08.2025 may kindly be declared highly arbitrary, unjust and same may kindly be quashed and set aside. ….”

2. With the consent of the parties, the present writ petition itself is being heard finally and decided on its merits.

3. Learned counsel for the petitioner submitted that the petitioner is an elected representative holding the post of Chairman of Municipal Board, Jaitaran.

4. Learned counsel vehemently contended that the petitioner has been placed under suspension malafidely by the Director, Local Self Government, Government of Rajasthan, Jaipur- Respondent No.1 in arbitrary exercise of the powers conferred under Section 39 of the Rajasthan Municipalities Act, 2009 (hereinafter referred as ‘the Act of 2009’) vide order impugned dated 11.08.2025.

5. To substantiate this contention, learned counsel submitted that prior to issuance of the impugned order of suspension dated 11.08.2025, the respondent No.1 vide order dated 26.05.2025 suspended the petitioner on the ground of alleged illegalities committed by him in issuing pattas during the campaigning of ‘Prashashan Shahron Ke Sang Abhiyan, 2021’. Learned counsel submitted that the order of suspension dated 26.05.2025 was challenged by the petitioner before this Court by way of filing S.B. CWP No.11384/2025: “Ram Swaroop Bhati v. State of Rajasthan & Ors.”. He further submitted that this Court after hearing the parties vide order dated 11.06.2025 has stayed the effect and operation of the suspension order dated 26.05.2025. A direction was further issued to the respondents to complete the judicial inquiry against the petitioner in conformity with the provisions of the Act of 2009, within a period of two months.

6. Learned counsel submitted that after order of suspension dated 26.05.2025 was stayed by this Court, the respondents, only with a view to dislodge the petitioner from the present post on the basis of complaint dated 18.05.2025 received by them from one Devish Kuldeep with regard to issuance of certain residential pattas by the Municipal Board, Jaitaran, in alleged violation of the master plan and the procedure provided under relevant Rules and Township Policy- 2010, the Assistant Director (Vigilance) of the respondent department vide