HAJA RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has assailed validity of order dt. 19.7.14 issued by the State Government, whereby the petitioner holding the post of Sarpanch, Gram Panchayat, Mermandwada, has been placed under suspension in exercise of powers conferred by sub -section (4) of Section 38 of the Rajasthan Panchayati Raj Act, 1994 (in short "the Act"), on the ground that after investigation, the charges for the offences under Sections 147, 447, 427/149 and 109 IPC are found proved against the petitioner and the sanction for prosecution has already been granted by the competent authority. Learned counsel for the petitioner contended that until the charges are framed by the Court of competent jurisdiction and the trial commences, merely on the basis of the charges being found prima facie proved by the police and prosecution sanction being issued, the petitioner, a duly elected Sarpanch of Panchayati Raj Institution, could not have been suspended by the State Government invoking the powers u/s. 38 of the Act and therefore, the order impugned passed by the State Government is without jurisdiction.

(2.) ON the other hand, the Additional Government Counsel appearing for the respondents submitted that the prosecution sanction having been issued by the competent authority on the charges for offences under Sections 147, 447, 427/149 and 109 IPC having been found established against the petitioner, the order impugned passed by the State Government in exercise of the power conferred under sub -section (4) of Section 38 of the Act, cannot be faulted with. In this regard, learned Additional Government Counsel has relied upon a Bench decision of this Court in the matter of 'Ganesha Ram vs. State of Rajasthan' (D.B. Civil Special Appeal (W) No. 1038/13) dt. 9.5.14.

(3.) INDISPUTABLY , the charges for offences under Sections 147, 447, 427/149 and 109 IPC having been found proved against the petitioner after due investigation, the prosecution sanction has already been issued by the competent authority. But then, it is also not in dispute that no charge has been framed by the Court of competent jurisdiction against the petitioner on the basis of the charge sheet filed and the trial against the petitioner for the said offences has not commenced as yet.