HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15961/2025 Smt. Sumita Rani W/o Jawhar Lal, Aged About 45 Years, Ward No. 8, Kesarisinghpur District Sri Ganganagar (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. The Director, Local Self Department, Government Of Rajasthan, G-3, Rajmahal Residency Area, Near Civil Lines Phatak, C-Scheme, Jaipur (Raj.)

3. The Sub District Magistrate, Sri Karanpur, District Sri Ganganagar.

----Respondents For Petitioner(s) : Mr. Vikas Balia, Sr. Adv. assisted by Mr. Mudit Nagpal Mr. Nishant Gaba For Respondent(s) : Mr. Rajesh Panwar, AAG with Mr. Monal Chugh, AAAG HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/09/2025

1. The petitioner who is holding the post of Chairperson, Municipal Board, Kesarisinghpur, by way of filing the present writ petition under Article 226 of the Constitution of India, has challanged the validity of the order of suspension dated

07.08.2025 passed by the Director, Local Self Department, Jaipur.

2. Learned counsel submitted that the allegation against the present petitioner is of issuing a patta in favour of one Jograj Singh in utter disregard of the applicable rules. Learned counsel submitted that as a matter of fact, before the issuance of the disputed patta, the procedure provided under Kachi Basti Niyaman Niti, 2005 was duly followed and the reports from the concerned officials were called for since it is a settled law that the public representative while holding the office, is expected to work with aid and advise of the Government officials in the larger public interest. The decision to issue patta was taken by the petitioner in the capacity of Chairperson of the Municipal Board, Kesarisinghpur in accordance with the files and notings placed before her by the Government officials. Since it is normally expected to accept the findings and notings of the government officials unless something contrary to it is brought on record. On these ground, the counsel implored the Court to quash and set aside the impugned order of suspension dated 07.08.2025.

3. Per Contra, learned counsel for the respondents submitted that the decision to suspend the petitioner has been taken on the basis of the fact finding inquiry or preliminary inquiry as contemplated under Section 39 of the Act of 2009 and, therefore, the same is not required to be interfered by this Court, and more particularly when no procedural irregularity in issuing order of suspension has been pointed out by the petitioner.

4. The matter requires consideration.

5. Issue notice to the respondents.

6. Shri Monal Chugh, associate to Shri Rajesh Panwar, AAG is directed to accept notice on behalf of the respondents. Service of notice upon respondents is, therefore, complete.

7. In the meanwhile and till further order, the effect and operation of the order dated 07.08.2025 placing the petitioner- Chariman, Municipal Board, Kesarisinghpur under suspension, shall remain stayed.

9. This Court keeping in view the fact that a public representative while discharging his duties is required to maintain high standards of honesty and integrity deems it just and proper to direct the respondent No.1 to seal the entire record pertaining to issue of disputed patta and place it before the Judicial Officer before whom the judicial inquiry against the petitioner shall be conducted.

10. It is expected from the Judicial Officer that the judicial inquiry against the petitioner shall be concluded as expeditiously as possible preferably within a period of 45 days from today without granting unnecessary adjournments to the petitioner.

11. List these matters on 03.11.2025.

(KULDEEP MATHUR),J

271-divya/-