Soniya Soni w/o Shri Manish Soni vs State Of Rajasthan

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

Soniya Soni w/o Shri Manish Soni vs State Of Rajasthan

Brief Facts

The petitioner, elected Chairman of Nagar Palika, Malpura, was twice suspended by the State Government.
First Suspension (04.05.2022): Quashed by the High Court on 24.08.2022, as it was held to be routine, colourable exercise of power, and without examining necessity.
Despite the quashing, petitioner was allowed to resume duty only on 28.09.2022.
Second Suspension (07.10.2022): Passed again based on a complaint by one political person (Block President, Congress Party) alleging missing files, computer, and printer.
FIR was lodged, but investigation revealed that the items were recovered from the Nagar Palika office itself the same day, and the Executive Officer even requested closure of the FIR.

Petitioner’s Arguments:

- Both suspensions are politically motivated, initiated only on complaint of one political leader.
- No independent application of mind by the respondents.
- Recovery of alleged missing items disproves allegations.

Respondent’s Arguments:

- Petitioner has rightly been suspended; actions of respondents are justified.
- Could not appear due to disturbance; liberty sought to move for vacation/modification of the interim stay.

Hon’ble High Court’s Observations & Decision

Earlier suspension (04.05.2022) was already set aside by this Court.
The petitioner was delayed in resuming charge after quashing of suspension.
Missing articles (files, computer, printer) were found in Nagar Palika’s own office, not elsewhere.
Both suspension orders were founded solely on complaints of the same political person, showing total non-application of mind by respondents.

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