1. - In this writ petition the petitioner is aggrieved against the order of punishment dated 10.9.1999 Annexure-10 by which the petitioner has been found guilty of the charges under Section 38 of the Rajasthan Panchayati Raj Act, 1994 and has been directed to deposit the amount of Rs. 15,154/- which is found to have been embezzled. The petitioner has also been removed from the post of Sarpanch after being found guilty in the inquiry.

2. The submission of the learned counsel for the petitioner is that in the first instance the petitioner was served with a charge sheet and an enquiry was held and as per the enquiry report Annexure-5 dated 12.3.1999 the petitioner was exonerated of the charges. Thereafter it appears that the Government did not agree with the findings of the Enquiry Officer as contained in the enquiry report Annexure-5 dated 12.3.1999 and ordered a fresh enquiry. The submission of the learned counsel for the petitioner is that in the enquiry which was held afresh no notice of the enquiry was given to the petitioner. The petitioner was served with a notice by the Government Annexure-6 dated 23.7.1999 after the second enquiry was completed to show cause against t