LAWS(RAJ)-2024-2-173

SANJAY SUKHWAL Vs. STATE OF RAJASTHAN

Decided On February 27, 2024
Sanjay Sukhwal Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The present writ petition has been filed against the order dtd. 24/1/2024 (Annex.5), whereby, the petitioner has been suspended from the post of Sarpanch, Gram Panchayat Jadana, Panchayat Samiti Rashmi, District Chittorgarh.

(3.) Briefly noted the facts in the present writ petition are that the petitioner was elected as Sarpanch of Gram Panchayat Jadana, Panchayat Samiti Rashmi, District Chittorgarh in the year 2020. The petitioner, while working as Sarpanch, was arrested in pursuance of an FIR No.301/2023 dtd. 3/12/2023 registered by Anti Corruption Bureau, Chittorgarh under Sec. 7 of the Prevention of Corruption Act, 1988. The allegation against the petitioner was that he was caught red handed while accepting an amount of Rs.2,40,000.00 as bribe. In pursuance of the FIR registered against the petitioner, he was put in judicial custody and was ultimately bailed out by a Co-ordinate Bench of this Court vide order dtd. 16/1/2024. The petitioner was issued a notice dtd. 24/1/2024 seeking an explanation as to why the proceedings under Rule 22 (2) of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as 'the Rules of 1996') be not initiated against him and on the same date the petitioner was served with a charge-sheet (Annex.4). As a consequence, the petitioner was suspended by the respondents vide order dtd. 24/1/2024. Hence, the present writ petition has been filed against the order of suspension dtd. 24/1/2024.