Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioner aggrieved against the order dated 7.9.2015 passed by the Director and Joint Secretary, Directorate, Local Self Department, Rajasthan, Jaipur, whereby the petitioner has been placed under suspension.
(2.) THE petitioner, who was initially appointed as Assistant Revenue Inspector on 22.12.1983 was last promoted in 1994 on the post of Revenue Inspector and at the time when the order impugned placing the petitioner under suspension was passed, he was discharging his duties on the post of Executive Officer, Municipal Board, Itawa. It is inter -alia indicated in the writ petition that in the year 2009, the services of the petitioner were transferred from the Municipal Board, Kethun to Municipal Board, Rawatbhata where he was posted as Executive Officer. The Anti Corruption Bureau ('ACB') lodged an FIR on 18.7.2012 against the petitioner and Chairman, Municipal Board for the offence under Sections 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 ('the PC Act') read with Section 120B IPC. After conclusion of investigation, prosecution sanction against the petitioner was sought and was granted on 27.6.2014 by the Executive Officer, Municipal Board, Rawatbhata; however, the Assistant Director (Vigilance), Local Self Department, Jaipur vide his letter dated 21.10.2014, opined that the Executive Officer, Municipal Board, Rawatbhata had no jurisdiction to grant prosecution sanction against the petitioner and the competent authority was only the Municipal Board, Keshoraipatan and directed cancellation of the prosecution sanction, however, the ACB filed challan against the petitioner before the Court of Special Judge (Anti Corruption Cases), Udaipur. However, at the time of taking cognizance against the petitioner, same was resisted by the petitioner on the ground that the prosecution sanction was not in accordance with law, which objection was upheld by the Special Judge and clarification was sought regarding the sanction. Whereafter, the petitioner was paced under suspension by order impugned dated 7.9.2015.
(3.) IT is inter -alia submitted by learned counsel for the petitioner that the appointing authority of the petitioner as Revenue Inspector is the Board in terms of Section 335 of the Rajasthan Municipalities Act, 2009 ('the Act of 2009') and the Director has no power and jurisdiction to suspend the petitioner and therefore, the order of suspension being wholly without jurisdiction deserves to be quashed and set -aside.;