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Bharat Lal Saini vs. State of Rajasthan & Ors.

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Rajasthan Municipalities Act, 2009–Sec. 39(6)–Prevention of Corruption Act, 1988 (As amended in the year 2018) Secs. 7 & 7A–Suspension of member–Petitioner was arrested on 19.07.2022 in a case of accepting the bribe–Respondents took the decision of conducting the preliminary inquiry which was concluded on 16.08.2022–Proposal of suspension was sent on 17.08.2022 which got the approval on 23.08.2022–Order of suspension was passed on 25.08.2022–Proceedings of preliminary inquiry u/s. 39(1) could not have been kept in abeyance for an indefinite period for want of an opportunity of explanation in view of uncertainty about the period he was to remain in judicial custody–It cannot be held that the order was bad in law for want of any opportunity of explanation to the petitioner during the preliminary enquiry–Interference declined.