ONKAR LAL DHAKAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition for writ the petitioner is assailing validity of the order of suspension dated 05.10.2006 on several grounds including the same being without jurisdiction.

(2.) IT is submitted that as per Sub-Section (6) of Section 89 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994') the Appointing Authority of the petitioner is Panchayat Samiti, as such, he could have been placed under suspension either by Panchayat Samiti or by any other authority to which the Samiti is subordinate. It is also submitted that the petitioner is facing suspension since 2006 and, as such, the prolong suspension is having its arbitrary effects.

(3.) A reply to the writ petition has been filed by the respondents. As per the averments contained therein the petitioner is facing a disciplinary action for the charges of misconduct, therefore, he was placed under suspension.