JAIPUR: Rajasthan High Court on Wednesday overturned the order for the dismissal of three councillors of JMC-Greater who were sacked along with mayor Somya Gujjar after investigations into their alleged manhandling of then municipal commissioner Yagyamitra Singh Deo.
The HC had in November last overturned the state government’s dismissal of Somya Gurjar from the post of mayor and asked the government to give her a proper hearing in the matter. The HC’s dramatic decision had come on the day counting of votes were in progress for a by-poll for the mayor’s post.
Justice Indrajit Singh passed the order of overturning the dismissal of the three councillors—Paras Jain, Ajay Singh and Shankar Sharma—after hearing a petition he trio had filed.
RN Mathur, senior counsel for the petitioners, said the state government had not given them an opportunity of a hearing before taking the drastic decision of their dismissal after a judicial probe was conducted, which was a violation of the principles of natural justice.
Mathur also pointed out that the HC had already overturned the order of mayor Somya Gurjar’s dismissal in the same case with the same facts and circumstances as in the councillors’ case. He argued that the order of the three councillors’ dismissal be set aside and they be reinstated to their posts. After listening to the arguments of the petitioners and the government, the HC quashed the order for their dismissal.
The state government had first suspended the three councillors on June 6, 2021, after a departmental inquiry found them guilty of assaulting, pushing and using abusive language against the then municipal commissioner. After this, the government had ordered a judicial inquiry against mayor Somya Gurjar and the three councillors.
With the judicial probe finding them guilty, the government had ordered their sacking on August 22 last year. They were also disqualified from contesting elections for the next six years.
The HC had in November last overturned the state government’s dismissal of Somya Gurjar from the post of mayor and asked the government to give her a proper hearing in the matter. The HC’s dramatic decision had come on the day counting of votes were in progress for a by-poll for the mayor’s post.
Justice Indrajit Singh passed the order of overturning the dismissal of the three councillors—Paras Jain, Ajay Singh and Shankar Sharma—after hearing a petition he trio had filed.
RN Mathur, senior counsel for the petitioners, said the state government had not given them an opportunity of a hearing before taking the drastic decision of their dismissal after a judicial probe was conducted, which was a violation of the principles of natural justice.
Mathur also pointed out that the HC had already overturned the order of mayor Somya Gurjar’s dismissal in the same case with the same facts and circumstances as in the councillors’ case. He argued that the order of the three councillors’ dismissal be set aside and they be reinstated to their posts. After listening to the arguments of the petitioners and the government, the HC quashed the order for their dismissal.
The state government had first suspended the three councillors on June 6, 2021, after a departmental inquiry found them guilty of assaulting, pushing and using abusive language against the then municipal commissioner. After this, the government had ordered a judicial inquiry against mayor Somya Gurjar and the three councillors.
With the judicial probe finding them guilty, the government had ordered their sacking on August 22 last year. They were also disqualified from contesting elections for the next six years.
