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2022 Supreme(Raj) 1822

DINESH MEHTA
Sang Singh Rajpurohit – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Ashok Chhangani, for the Appellant, Mr. Sunil Beniwal, for the Respondent.

ORDER

Dinesh Mehta, J. - The petitioner an elected Sarpanch has called in question an order dated 11.06.2021, whereby he has been placed under suspension.

2. The facts relevant are few. The petitioner was elected Sarpanch of Gram Panchayat Kanodiyan Purohitan, Panchayat Samiti Sekhala, District Jodhpur. He was trapped red-handed by Anti-Corruption Bureau and hence, an FIR No.75/2021 came to be lodged against him on 12.03.2021.

3. On receiving the information about apprehension and registration of case, the Additional Commissioner and Joint Secretary (Enquiry) issued a notice dated 11.06.2021 to the petitioner, asking him to show cause why enquiry under Rule22(2) of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as 'the Rules of 1996') not be initiated against him.

4. Along with the notice aforesaid, a copy of the charge as framed was also enclosed.

5. On the same date, i.e., 11.06.2021, the respondent-State decided to place the petitioner under suspension in exercise of its powers under section 38(4) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994'). A separate order No. 1437 dated 11.06.2021 came to be passed.

6. The petitioner claims to have fil

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