IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. JUDGMENT Mehmood Bihari Vs. State of Rajasthan & Others (S. B. Civil Writ Petition No.9253/2006) S.B. Civil Writ Petition under Article 226 of the Constitution of India. Date of Judgment: February 10, 2009 PRESENT Hon'ble Mr. Justice R. S. Chauhan Mr. Asgar Khan, for the Petitioner. Mr. Suresh Sahni] for respondents. Mr. R.M.Sharma ] Per Court: The petitioner has challenged the suspension order dated 12-9- 2006, passed by respondents. 2. The facts of the case are that in the year 2004 the petitioner, who belongs to Congress party, was elected as Member of Municipal Board, Kaithoon (`the Board' for short). The Chairman of the Municipal Board Kaithoon, who belonged to the BJP party, wanted to oust the petitioner from the Board. Thus the Executive Officer of the Board issued notice dated 21-3-2005 to the petitioner alleging therein that the petitioner had constructed a residential house without the permission of the Board. The petitioner submitted reply to the notice and stated that he did not make any construction without the prior permission of the Board. However, without considering the reply of the petitioner, the Sub-Divisional Officer, Kota initiated a preliminary enquiry. After conducting the enquiry, vide its report dated 4-8-2006, the Sub-Divisional Officer, Kota recommended for initiation of proceedings against the petitioner under section 63(1)(iv) of the Rajasthan Municipalities Act,1959. On the basis of the preliminary enquiry report dated 4-8-2006, vide notice dated 12-9-2006 the respondent No.1 called for explanation of the petitioner. However, the respondent No.1, vide another notice dated 12-9-2006 suspended the petitioner. The petitioner submitted his reply to the notice on 19-10-2006. When neither the charge sheet was issued to petitioner till 23-11-2006, nor the suspension order was revoked, the petitioner has preferred the instant petition. However, during pendency of the writ petition, vide enquiry- report dated 13-10-2008 the petitioner has been exonerated of the charges so levelled against him. 3. Mr. Asgar Khan, the learned counsel for the petitioner has contended that recently the Enquiry Report dated 13-10-2008 has been submitted. The petitioner has been exonerated of the charges levelled against him. This fact has not been controverted by the learned counsel for the respondents. 4. In this view of the matter, since the petitioner has been exonerated vide Enquiry Report dated 13-10-2008, the suspension order cannot remain in force. Therefore, the respondents are directed to reconsider the case of the petitioner for revoking the suspension order dated 12-9-2006 within a period of three weeks from the date of receipt of certified copy of this order. 5. In the result, the writ petition is disposed of, as indicated above. There shall be no order as to costs. (R. S. CHAUHAN) J. arn