VIKAS CHOUHAN Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) With the consent of the learned counsels for the parties, the writ petition is heard finally at the admission stage.

(2.) The petitioner, by way of present petition, has challenged the order dated 16/6/2015 (Annexure-5), whereby the petitioner has been placed under suspension in view of the provisions contained in Section 38(4) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the said Act').

(3.) The short facts giving rise to the present petition are that the petitioner has been elected as the Panchayat Samiti Member of Ward No.14, Panchayat Samiti Kherabad, Tehsil Ramganjmandi, District Kota. It further appears that pursuant to the FIR being No.128 of 2015 registered against him for the offence under Sections 399, 402 of IPC and Section 3 read with Section 25 of the Arms Act, the petitioner was arrested and kept in police custody from 19/2/2015 to 25/2/2015. It appears that thereafter the petitioner has been placed under suspension vide the impugned order dated 16/6/2015 (Annexure-5) with immediate effect on the ground that he was involved in the criminal proceedings in regard to moral turpitude. It further appears that on 19/6/2015, the petitioner was also called upon to give explanation as to why an enquiry should not be initiated against him as per Rule 22(2) of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as 'the said Rules'). The petitioner therefore has challenged the impugned order placing him under suspension on the ground that the same is violative of Section 38(4) of the said Act.