K.M.THAKER, J.

( 1. ) PRESENT Appeal under Clause 15 of Letters Patent is directed against the judgment and order dated 13.8.2010 whereby the learned Single Judge has allowed the petition preferred by present respondent No.1 and set aside the order dated 20.2.2010 passed by the Additional Development Commissioner and restored the order dated 25.6.2009 passed by the District Development Officer (DDO for short) by virtue of which present petitioner was put under suspension in exercise of the powers under Section (1) of Section 59 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as the Act).

1.1 Having regard to the rival contentions, Admit. Mr. Majmudar, learned advocate for respondent No.1 and Mr. Trivedi, learned Additional Government Pleader and Mr. Munshaw, learned advocate for respondent No.5 have waived service of admission. With the consent and at the request of learned Counsel the appeal is taken up for final decision.

( 2. ) THE facts leading to and involved in present appeal need to be stated at this stage.

2.1 At the relevant time the appellant herein was holding post of Sarpanch of village Takodi. During his tenure three complaints viz. (1) CR. No. II-83