HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16035/2025 Asif Khan S/o Shri Abdul Aziz Khan, Aged About 44 Years, Resident Of Ward No. 44, Kuchaman City, District Deedwana-

Kuchaman.

----Petitioner Versus

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

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

3. The Additional District Collector, Kuchaman City, District Deedwana-Kuchaman.

4. Municipal Council, Kuchaman City, District- Deedwana-

Kuchaman, Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 16143/2025 Asif Khan S/o Shri Abdul Aziz Khan, Aged About 44 Years, Resident Of Ward No. 44, Kuchaman City, District Deedwana-

Kuchaman.

----Petitioner Versus

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

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

3. The Additional District Collector, Kuchaman City, District Deedwana-Kuchaman.

4. Municipal Council, Kuchaman City, District- Deedwana-

Kuchaman, Through Its Commissioner.

----Respondents For Petitioner(s) : Dr. Sachin Acharya, Sr. Adv.

assisted by Mr. Chayan Bothra Ms. Reena Gupta 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 Chairman, Municipal Council, Kuchaman City, District Kuchaman- Deedwana has by way of filing the present writ petition challenged the validity and propriety of the order of suspension dated 19.08.2025 passed by the Director, Local Self Department, Jaipur.

2. Learned counsel for the petitioner submitted that the allegation against the present petitioner is that he was an instrumentality in giving illegal promotion to one Vikas, from the post of Sleeper to the post of Jamadar. Drawing attention of the Court towards various documents attached with the case file, learned counsel submitted that before approving the said promotion, the matter was placed before the general meeting of Municipal Council, Kuchaman City which only after due deliberations, resolved to promote Vikas to the post of Jamadar.

3. Learned counsel submitted that the impugned order of suspension dated 19.08.2025 is politically motivated and has been issued against the petitioner only with a view to harass and humiliate him. Learned counsel submitted that this Court in the case of “Ram Swaroop Bhati vs. State of Rajasthan & Ors.” in S.B.C.W.P. No.15734/2025 decided on 29.08.2025 has held that the object of placing an incumbent under suspension against whom inquiry/ judicial inquiry has already been initiated is to avoid risk of influencing witnesses, tampering with the records, or ensuring a fair investigation. A public representative gets elected as member of local body for a limited period of time by contesting the elections and, therefore, he cannot be allowed to be suspended on mere complaints or suspicion of committing irregularities without any specific allegation of corruption.

4. Per contra, learned counsel for the respondent submitted that in the present case, the petitioner has extended promotion to his blue eyed employee in ignorance of the seniority list and the applicable rules. He submitted that the petitioner, being the Chairman of the Municipality, was required to meticulously examine the records even before the matter was placed before the Council in its general meeting in which the resolution to promote Shri Vikas from the post of Sleeper was taken.

5. The matter requires consideration.

6. Issue notice to the respondents.

7. 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.

8. In the meanwhile and till further order, the effect and operation of the order dated 19.08.2025 and corrigendum dated 20.08.2025 placing the petitioner- Chairman, Municipal Council, Kuchaman City under suspension, shall remain stayed.

9. This Court, kee