JUDGMENT

1. The matter came up for orders on the second stay application, however, looking to the nature of controversy, the writ petition itself was heard finally on merits.

2. By way of instant writ petition, petitioner has averred that he was elected as a Sarpanch of Gram Panchayat Shahabad, Panchayat Samiti Shahabad, District Baran and an FIR under the Prevention of Corruption Act (Amendment) Act, 2018 was registered against the petitioner by the Anti Corruption Bureau, Rajasthan on the basis of a complaint filed by one Mr. Manoj Mali and the Anti Corruption Bureau caught the petitioner red-handed with a sum of Rs.10,000/- in the trap proceedings conducted on 10/07/2020. The Assistant Secretary (Enquiry), Rural Development and Panchayati Raj Department, Govt. of Rajasthanissued a notice to the petitioner on 18/09/2020 calling the petitioner to be present for personal hearing. It is submitted that before providing opportunity of personal hearing, the petitioner was suspended vide order dated 09/10/2020 under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994. By another letter dated 09/10/2020, the petitioner was issued show cause notice as to why enquiry be not commenced aga