An order of suspension under S. 17(4A) of the Rajasthan Panchayat Act, 1953, can be passed as an interim measure pending inquiry without affording a pre-decisional opportunity to be heard, but the suspended individual has a right to post-decisional opportunity to be heard and the State Government is obligated to reconsider the suspension order upon receipt of the reply to the show-cause notice.

S. C. AGRAWAL, J.

( 1 ) RADHEY Shyam Sharma, the petitioner in this writ petition, is Sarpanch of Gram Panchayat Mangiabas. Certain complaints were received against the petitioner and a preliminary enquiry was conducted into the said complaints by the Sub-Divisional Officer, District Jaipur. The said report was submitted by the Collector, Jaipur along with his recommendations to the State Government After considering the aforesaid report of preliminary enquiry, the State Government passed an order in the exercise of its powers under sub-sec. (4a) of S. 17 of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as the Act) on 16th July, 1984 whereby the petitioner was suspended from the office of Sarpanch, Gram Panchayat Mangiabas, with immediate effect. A change-sheet was also served on the petitioner and the petitioner was required to submit his explanation to the same. Feeling aggrieved by the aforesaid order of suspension passed by the State Government the petitioner has filed this writ petition.

( 2 ) A notice was issued to the State Government, non-petitioner No. 1, requiring them to show cause as to why the writ petition should not be admitted.

( 3 ) CAVEAT has been filed on behalf of respondent No. 6 who has also filed a reply to the writ petition.

( 4 ) I have heard Shri Jagdeep Dhankar, the learned counsel for the petitioner and Shri G. G. Sharma, the learned counsel for non-petitioner No. 6.

( 5 ) BEFORE dealing with the contentions urged by Shri Dhankar, it would be appropriate to set out the relevant provisions of the Act and the Rajasthan Panchayat and Nyaya Panchayat (General Rules, 1961 (hereinafter referred to as the Rules ). The relevant provisions of the Act are contained in sub-secs. (4) and (4a) of S. 17 of the Act which read as under :-"17 (4 ). The State Government may, by order in writing and after giving him an opportunity of being heard and making such inquiry as may be deemed necessary, remove any Panch, Sarpanch or Upsarpanch who- (a) refuses to act or becomes incapable of acting as such, or (b) in the opinion of the State Government has been guilty of misconduct or neglect in the discharge of his duties or of any disgraceful conduct; provided that any such inquiry as is referred to in this sub-section may be initiated even after the expiry of the term of a Panchayat or if already initiated before such expiry, may be continued thereafter and in any (such) cases, the State Government shall, by order in writing record its finding on the charges levelled against a Panch, Sarpanch or Upsarpanch of the Panchayat during its term of office". " (4a ). The State Government may suspend any Panch, Sarpanch, or Upsarpanch against whom an enquiry has been started under sub-sec. (4) of the proviso thereto, or against whom any criminal proceedings in regard to an offence involving moral turpitude is pending trial in a Court of law, and debar him from taking part in any act or proceedings of the Panchayat while under suspension". Rules 20 and 21 of the Rules which have a bearing on the question of removal of Panchas and Sarpanchas under sub-sec. (4) of S. 17 of the Act provided that: "20. Preliminary inquiry for removal - The Collector may, on his own motion or upon the requisition of the State Government initiate a preliminary inquiry under sub-sec. (4) of S. 17 against any Panch, Sarpanch or Upsarpanch of a Panchayat or against any member or Chairman of a Nyaya Panchayat. (2) For the purpose of sub-r. (1) any officer subordinate to him may be deputed by the Collector to hold such preliminary inquiry and to make a report to him. (3) any Preliminary inquiry against the Chairman or a member of a Nayay and Panchayat may also be initiated as aforesaid by the Munsif, or, where there is no Munsif by the Civil Judge, or the Magistrate of the First Class, having jurisdiction over the Nyaya Circle. (4) If, as a result of such preliminary inquiry, the Collector or the Munsiff or the Civil Judge or the Magis