V.K. Gupta, C.J.

1. Reply has been filed.

2. With the consent of the learned Counsel for the parties, the Writ Petition is taken up for final disposal today itself without formally admitting it.

3. Heard. The petitioner has been placed under suspension under Section 145 of the H.P. Panchayati Raj Act, 1994 (for short: the Act). The suspension order as well as the notice preceding suspension order clearly stated that the petitioner is being placed under suspension in terms of Sub-section (2) of Section 145 of the Act. Even during the course of hearing of the case today, Mr. Chandel, learned Advocate General appearing for the respondents specifically stated before us that the suspension order was passed in terms of sub Section (2) of Section 145 of the Act.

4. Sub- Section (2) (supra), inter-alia, provides that the Prescribed Authority may suspend an office bearer of a Panchayat where the inspection or an audit report discloses the misappropriation, misutilization or embezzlement of Panchayat funds by such an office bearer and the Prescribed Authority is satisfied that continuance in office of such a person will prejudice the enquiry under Section 146 and that the Prescribed Auth