OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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 was revoked, while keeping in tact the inquiry pending against him, and for issuing a writ, order or direction declaring section 14 (4) (A) of the Rajasthan Panchayat Act,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.) MR. M. D. Purohit, Additional Government Advocate, strenuously urged before me that the State Government has inherent powers to revoke suspension order passed by it against any Panch, Sarpanch or Up-Sarpanch under sub-section (4) (A) of S. 17 of the Act, because, according to his submission, the authority which can suspend any Panch, Sarpanch or Up-Sarpanch, may revoke the order of his suspension if it is satisfied that there is no justification for continuing thereof in the peculiar circumstances of a particular case.