KALYAN DUTTA SHARMA, C.J - This is a petition under Article 226 of the Constitution of India by one Om Prakash against the State of Rajasthan and Shri Ram Prasad. Sarpanch, Gram Panchayat, Jogiwala, District Sri Ganganagar, for issuance of a writ of certiorari or any other appropriate order or direction for quashing the order dated September 21, 1979, by which the suspension order passed against Ram Prasad, Sarpanch, non petitioner No 2. was revoked, while keeping in tact the inquiry pending against him, and for issuing a writ, order or direction declaring section 14 (4) (A) of the Rajasthan Panchayat Act, hereinafter referred to as the Act, ultra-vires to the extent of passing orders for reinstatement or revoking suspension order.

2. The relevant facts giving rise to this petition are narrated, in brief, as follows :—

3. Ram Prasad, non-petitioner No. 2, is the Sarpanch of Gram Panchayat, Jogiwala, District Sri Ganganagar. Criminal cases and enquiries under the Rajasthan Panchayat Act were instituted and made against him in several matters. Investigation is going on in a case of embezzlement against him and he is said to have been guilty of so many types of omissions and commissions of acts in the capacity of a Sarpanch of the Gram Panchayat, Jogiwala. The State of Rajasthan vide its order dated April 27, 1979, suspended Ram Prasad, non-petitioner under section 17 (4) (A) of the Act on the ground that a disciplinary inquiry has been started against him under sub-section (4) on the charges of embezzlement and falsification of accounts etc. After suspending Ram Prasad, Sarpanch, non-petitioner No. 2, the State of Rajasthan, vide its order dated September 21, 1979, revoked the suspension order without any justification and without recording reasons as a result of which Ram Prasad, Sarpanch, was reinstated. Aggrieved by the order of the State Government dated September 21, 1979, revoking the suspension order of non-petitioner No. 2, the petitioner has invoked extra-ordinary jurisdiction of this Court by way of this writ petition on the following grounds : —

1. that once an inquiry is instituted against a Sarpanch and he is suspended pending inquiry under section 17 (4) (A) of the Act, the State Government has no jurisdiction or power to revoke the suspension unconditionally without any reason or justifiction ;

2. that the impunged order passed by the State Government on September 21, 1979, is not a speaking order and as such is liable to be quashed;

3. that section 17 (4) (A) of the Act does not empower the State Government to act arbitrarily and it is ultra-vires to the extent that no order for revoking suspension of a Panch, Sarpanch or Up-Sarpanch, and for his reinstatement can legally be passed under it, because if such unfettered and unbridled powers are presumed to be given to the State Government under sec. 17 (4) (A) of the Act, it will amount to mockery of the law and the State Government will misuse the same whenever it likes as it has been done in the present case.

4. In support of his writ petition, the petitioner put in his affidavit and produced several documents. The writ petition was admitted by this Court on January 25, 1980, and notices were issued to the non-petitioners Nos. 1 and 2. In response to the notices, a reply was filed on behalf of the State of Rajasthan, wherein it was stated that Ram Prasad, Sarpanch, non-petitioner No. 2, was no doubt suspended by the State Government on the ground that an enquiry has been started against him under sub-section (4) of section 17 of the Act, but, on representation by him, that State Government deemed it proper under section 70 (B) of the Act to revoke the suspension order after taking into consideration all the material on the record. It was further stated in the reply filed on behalf of the State Government that although no reasons are given for revoking the suspension order, but from the notes written on the file it is obvious that the suspension order was revoked on two

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