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2017 Supreme(Raj) 1438

GOVIND MATHUR, VINIT KUMAR MATHUR
State of Rajathan – Appellant
Versus
Narna Ram S/o Shri. Rupa Ram Ji – Respondent


Advocates Appeared:
For the Appellants : Mr. Manish Patel, AGC.

ORDER :

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



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