Honble LODHA, J.–This writ petition is directed against order dated 30.4.2007 passed by the Division Commissioner, Jodhpur, whereby the petitioner, an elected Sarpanch of Gram Panchayat, Rupawas having been found guilty of misconduct in the discharge of his duties, has been declared disqualified to hold the office and approval of the proposed action was sought from the Department of Panchayati Raj, Government of Rajasthan. The petitioner has also assailed the validity of letter of approval dated 24.8.07 issued by the State Government and order dated 5.9.07 passed by the Divisional Commissioner, Jodhpur declaring the post of the Sarpanch, Gram Panchayat, Rupawas as vacant in pursuance of the approval granted by the State Government as aforesaid.

(2). Briefly stated the facts relevant for the adjudication of the controversy involved in the present writ petition are that the petitioner was elected as Sarpanch of Gram Panchayat, Rupawas in the month of January, 05. During his tenure as Sarpanch, a work of construction of gravel road from Bhundaya Mata to Jodhpur was undertaken by the Gram Panchayat under the SGRY-30% Scheme. It is alleged that violating the norms laid down by the State Government for the construction of the work under the said Scheme, the petitioner got executed the work by using JCB machines and tractors. It was further alleged that the work was shown to be performed by the labourers by preparing fake muster roll. On receipt of a complaint alleging the irregularities committed by the petitioner, a preliminary inquiry was conducted by the Additional Executive Officer, Zila Parishad, Pali wherein he was found prima facie guilty. The preliminary inquiry report alongwith charge sheet and statement of allegation was submitted by the Additional Executive Officer to the Divisional Commissioner, Jodhpur, who in his turn issued a notice under Rule 22 of Rajasthan Panchayati Raj Rules, 1996 (in short "the Rules of 1996" hereinafter) to the petitioner to show cause as to why in exercise of power conferred by Section 39(2) of Rajasthan Panchayati Raj Act, 1994 (in short ``the Act of 1994" hereinafter), he may not be declared disqualified to hold the office of the Sarpanch, Gram Panchayat, Rupawas.

In response to the notice, the petitioner put in appearance and sought time for filing the reply. On 5.4.06, after hearing the counsel for the petitioner and representative of the Department of Panchayati Raj, the order was reserved by the Divisional Commissioner. It is stated that during the course of dictation of the order, it came to the notice of the Divisional Commissioner, Jodhpur that on the basis of preliminary inquiry report alone the charge against the petitioner has been held to be proved, accordingly, so as to extend opportunity of hearing to the petitioner in exercise of Rule 22(3) of the Rules of 1996, the Sub Divisional Officer, Sojat was appointed as an inquiry officer and was directed to submit the inquiry report after giving an opportunity of hearing to the petitioner.

After conclusion of the inquiry, the inquiry officer submitted the inquiry report wherein petitioner was found guilty of the charges of misconduct levelled against him. A copy of inquiry report was supplied to the petitioner and the notice for personal hearing was issued to him by the Divisional Commissioner, Jodhpur. After consideration of the material on record and hearing the petitioner, the Divisional Commissioner found the petitioner guilty of the charges of misconduct levelled against him and accordingly, while declaring him disqualified to hold the office of Sarpanch, ordered for reassessment of the construction work of the gravel road and to make recovery of the government dues alongwith penal interest. The approval of the State Government was sought and after receiving the requisite approval vide communication dated 24.8.07, in exercise of the power conferred by Section 39(2) of the Act of 1994, vide order dated 5.9.07 passed by the Divisional

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