HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 17285/2021

Nirmal Kumar Pitaliya S/o Shri Himmat Singh Pitaliya, Aged

About 42 Years, House No. 12, Brahmpuri, Badi Sadari, District

Chittorgarh.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Local Self

Government Department, Jaipur.

2.

The Director Cum Special Secretary, Directorate, Local

Self Government Department, Jaipur.

3.

The District Collector, Chittorgarh.

----Respondents

For Petitioner(s)

:

Mr. Rajesh Joshi, Sr. Advocate with

Mr. Vineet R. Dave

Mr. C.S. Kotwani, through VC

For Respondent(s)

:

Mr. Sunil Beniwal, AAG

Mr. Vikas Balia, through VC

JUSTICE DINESH MEHTA

Judgment Reserved on ::: 21/01/2022

Judgment Pronounced on :::

01/02/2022

Reportable

(1)

The facts leading up to the present writ petition are that the

petitioner was elected as a Councilor of Ward No.7 of Municipal

Board Badi Sadri and thereafter elected as Chairperson of the said

Municipal Board in the municipal election held on 07.02.2021.

(2)

On 19.05.2021, on the basis of a complaint of one Vishnu

Dutt Sharma, the Additional Superintendent of Police, Anti

Corruption Bureau, Udaipur, apprehended Kush Sharma, brother-

in-law of the petitioner while accepting a sum of Rs.2 lacs

allegedly as a bribe on behalf of the petitioner. An FIR

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[CW-17285/2021]

No.157/2021 came to be lodged on 26.05.2021, in which the

petitioner so also said Kush Sharma was implicated for demanding

and accepting the bribe of Rs.2 lakhs.

(3)

The Anti Corruption Department, in turn, sent an information

to the State Government in this regard, acting whereupon, the

petitioner was placed under suspension vide order dated

05.07.2021.

(4)

The petitioner has called in question, the suspension order

dated 05.07.2021 by way of instant writ petition, which came to

be filed on 09.12.2021.

(5)

On previous date(s) of hearing the Court expressed its

concern about the stage of the proceedings and in response

thereto an affidavit has been filed by Mr. Sunil Beniwal, learned

Additional Advocate General who has put in appearance on behalf

of the State. The said affidavit dated 19.01.2022 states that vide

order dated 10.12.2021, the State Government has appointed an

inquiry officer to conduct preliminary inquiry with specific

reference to the FIR No.157/2021 dated 26.05.2021 sent by the

Superintendent of Police, Anti-Corruption Bureau, Jaipur. An order

dated 10.01.2022 has also been placed on record vide which the

Deputy Director (Regional), Local Bodies, Udaipur, the officer,

directed to conduct preliminary inquiry, has issued a notice to the

petitioner asking for his explanation within three days.

(6)

Mr. Rajesh Joshi, learned Senior Counsel, appearing for the

petitioner, argued that the petitioner has been placed under

suspension on 05.07.2021, merely on the basis of the fact that an

FIR has been lodged, which shows that the State Government has

not at all applied its mind to determine as to whether there was

any requirement of placing the petitioner under suspension. It was

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[CW-17285/2021]

also argued that admittedly, at the time of placing the petitioner

under suspension and till filing of the writ petition and even as late

as on 17.01.2022, the petitioner has not been served with any

notice from the State Government in relation to preliminary

inquiry.

(7)

Learned Senior Counsel argued that even from the

documents placed on record by the State Government, it is

apparent that the Deputy Director (Regional), Local Bodies,

Udaipur has been asked to conduct preliminary inquiry against the

petitioner vide order dated 10.12.2021, who in turn, has

purportedly issued a notice on 11.01.2022. With these admitted

facts he argued that as the preliminary inquiry itself had not

commenced ti