MOHAN LAL ARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 6-1-2011 passed by the Dy.Secretary (Enquiry) Government of Rajasthan, Panchayati Raj Department Jaipur whereby the order dated 28-2-2004 has been recalled and the Chief Executive Officer, Zila Parishad Sikar has been directed to re-enquire the matter.

(2.) THE case of the petitioner is that vide order dated 28-2-2004 the Dy. Secretary (Enquiry) Government of Rajasthan allowed the revision petition filed by the petitioner under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (herein after 'the Rs.1994 Act') and set aside the order dated 4-1-2002 whereby the State Government exercising its powers under Section 38(1)(b) of the 1994 Act found the petitioner guilty of misconduct in discharging of his duties as Sarpanch. Mr.Inderjeet Singh, learned counsel for the petitioner submits that vide impugned order dated 6-1-2011, the State Government has sought to review the order dated 28-2-2004 and directed that the matter in issue be re-enquired by the Chief Executive Officer. Counsel submits that the order dated 6-1-2011 is wholly arbitrary and without jurisdiction. It is submitted that the petitioner has long ceased to be Sarpanch and is an old man of about 75 years living a quiet existence in the dawn of his life. He submits that the recommencement of an enquiry belatedly 7 years after his exoneration is malafide and arbitrary for with the passage of so much time the petitioner would not even be in a position to defend himself effectively.

(3.) STAY application also stands disposed of.