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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANJEET PUROHIT
Vinod Kumari Sangwan, W/o. Shri Manvir Singh Sangwan – Appellant
Versus
State Of Rajasthan, Through The Secretary – Respondent
| Table of Content |
|---|
| 1. summary of case background and prior actions. (Para 2 , 3) |
| 2. respondent's defense regarding suspension. (Para 5) |
| 3. court's evaluation of preliminary inquiry. (Para 6 , 7) |
| 4. legal provisions regarding inquiry applicability. (Para 8) |
| 5. concurrent jurisdiction of criminal and administrative actions. (Para 9) |
| 6. examination of legal thresholds for suspension. (Para 10) |
| 7. distinctions in judicial precedent regarding removal vs suspension. (Para 11) |
| 8. consequences of withdrawal of a suspension order. (Para 12) |
| 9. final verdict and conclusion of the case. (Para 18 , 19 , 20) |
ORDER :
SANJEET PUROHIT, J.
1. With the consent of the counsel for the parties, this matter was heard for final disposal.
2. Instant writ petition has been filed inter alia assailing validity and propriety of the Suspension Order dated 06.08.2025 (Annx.1), Charge-sheet/Notice dated 24.08.2025 (Annx.4) as well as Enquiry Report dated 24.04.2025 (Annx.39). The petitioner has further prayed for quashing of all proceedings in pursuance of the charge-sheet/notice dated 28.04.2025 (Annx.4).
3. The facts germane to the writ petition, as narrated in the writ petition and argued on behalf of the petitioner, are as
Suspension of an elected representative is valid when misconduct is established, with the suspension being justified under relevant statutory provisions, ensuring accountability and public confidence....
The court affirmed that suspension of an elected representative can occur based on a preliminary enquiry report without prior hearing, provided the charges are grave enough to warrant such action.
The initiation of an enquiry under section 38(1) of the Act of 1994 can occur based on a preliminary enquiry or on information otherwise available with the State Government, as per Rule 22(2) of the ....
The court affirmed that the State Government can suspend a Sarpanch based on inquiry initiation, even without a preliminary report, provided the member is given an opportunity to explain.
Point of law: power of suspension may be invoked by the State Government, if the proceedings have been commenced for removal of a member as provided under subsection (1) of Section 39 of the Act of 2....
The court upheld the suspension of an elected representative based on prima facie evidence of misconduct, emphasizing that judicial review cannot interfere with charge-sheets unless issued by an inco....
Charge-sheets should not be quashed at the initial stage and suspension should not be made in a perfunctory or routine manner. The competent authority should examine the charge-sheets and take a deci....
The court established that suspension of a Sarpanch is permissible when an inquiry is initiated under the relevant provisions of the Rajasthan Panchayati Raj Act and Rules.
The court established that the suspension under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994, was justified when the petitioner was found involved in a corruption case and the procedural r....
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