Rajasthan Municipalities Act, 2009–Sec. 39(4)–Interpretation of provision as regard to providing the opportunity of hearing and supply of the copy of inquiry report–Though Sec. 39(4) does not expressly provide for such but it cannot be read in isolation–Proviso to Sec. 39(1) provides that the order of removal shall be passed after the member concerned has been afforded an opportunity of explanation–In the case, where member is proposed to be removed on any of the grounds specified in Clause (c) or (d) of Sec. 39(1), the inquiry is to be held by judicial officer, as has been provided in sub-section (3) of Sec. 39–Sub-section (3) cannot be read divorced of sub-section (1)–Further, if the State Government is bound to give the opportunity of furnishing explanation when the inquiry has been conducted by it, qua grounds mentioned in Clause (a) and (b) it is fortiori necessary to give right of audience qua charges or grounds mentioned in Clause (c) and (d) of sub-Section (1)–Furthermore, the principles of natural justice which are the basic tenents of the equity, justice and good conscience, cannot be given a go bye–Impugned order re moving the petitioner from the post of Chairman without providing a copy of inquiry report and issue show cause notice is liable to be quashed and set aside.
