PUKHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by one Pukhraj Sarpanch of Badgaon Panchayat against an order of the State Government dated 3-6-64 suspending him under sec. 17 (4-A) of the Panchayat Act.

(2.) ON a requisition by the State Government the Collector of Sirohi held a preliminary exparte inquiry against the petitioner under r. 20 of the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961 and submitted a report to the effect that certain charges of embezzlement had been prima facie established against him. ON receipt of the report of the Collector the State Government sent a notice to the petitioner on 20-5-64 enclosing a list of the charges and asking him to show cause in writing why an inquiry should not be held on those charges. He was asked to submit his reply by 3-6-64. According to the State Government the petitioner submitted his reply on 20-7-64. But according to the petitioner he sent it before 3-6-64. An acknowledgment receipt has been filed which goes to show that a communication was received from the petitioner by the State Government on 1-6-64. From his affidavit and from this acknowledgment receipt I infer that the reply of the petitioner was received by the State Government on 1-6-64. However that is not material for the purpose of this case. It is not disputed that no inquiry was ordered and no inquiry officer was appointed by the State Government as contemplated under r. 21 (3) by 3-6. 64 when he was suspended.