The appointing authority and authority empowered to place an employee under suspension must be determined in accordance with the relevant provisions of the Rajasthan Panchayati Raj Act, 1994 and Rules framed thereunder.

1. This appeal is preferred to challenge the order dated 20.09.2017 passed by the learned Single Bench in S.B Civil Writ Petition No. 8569/2017 staying effect and operation of the order dated 02.06.2017 issued by the Block Development Officer, Panchayat Samiti, Chohtan District Barmer placing the respondent herein under suspension.

2. From perusal of the order impugned, it appears that the learned Single Bench while admitting the writ petition for hearing and issuing interim order, prima facie satisfied itself with the arguments advanced on behalf of the respondent that the Block Development Officer of the Panchayat Samiti is neither appointing authority of a Gram Sevak nor an authority empowered by the State Government to place a Gram Sevak under suspension and as such, the order dated 02.06.2017 is without jurisdiction.

3. In appeal, the argument advanced on behalf of the appellants is that learned Single Bench failed to appreciate the provisions of the Rajasthan Panchayati Raj Act, 1994 and Rules framed thereunder, according to which the appointing authority of a Gram Sevak is Panchayat Samiti and not Zila Parishad. It is also stated that the learned Single Bench considered case of the respondent in the light of the provisions of Rajasthan Civil Services (Classification, Control and Appeal), Rules, 1958 whereas the authority of suspension, though analogous to provisions of Rule 13 of the Rules of 1958, is prescribed under Rule 298 of the Rajasthan Panchayati Raj Rules, 1996 and according to that, the appointing authority or authority to whom, the appointing authority is subordinate or the authority specifically empowered by the State Government may place an employee of a Panchayati Raj Institution under suspension. According to section 78 of the Rajasthan Panchayati Raj Act, 1994 there shall be for every Panchayat, a Secretary who shall be appointed in the prescribed manner. As per section 80, appointment to the post aforesaid shall be made by the Panchayat Samiti in a prescribed manner from out of the persons selected for the Rajasthan Panchayat Samiti and Zila Parishad service constituted under section 89.

4. The service created under the Act of 1994, as per section 89 is divided into different categories and consist of various posts including the post of Village Level Workers (Gram Sevak). Under the scheme of the Act, 1994, the appointing authority of the respondent is Panchayat Samiti only and the Vikas Adhikari is its officer authorized. Along with the reply to the writ petition, the appellants also filed a copy of order of appointment of the respondent that also discloses that the appointing authority of the respondent is Panchayat Samiti, Chohtan. Suffice to mention that under the Act, 1994 and Rules framed thereunder, the District Establishment Committee is only an agency to conduct the process of selection and not to provide appointment. The District Establishment Committee after holding selection process recommend and supply selected incumbents to the Panchayat Samiti for their appointment.

5. Admit. Issue notice.

6. In the meanwhile and until further orders, effect and operation of the directions given by the learned Single Bench under the order dated 20.09.2017 staying effect and operation of the order dated 02.06.2017 issued by the Block Development Officer, Chohtan District Barmer shall remain stayed.