NANCHI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner - Sarpanch has challenged the order of suspension dtd. 2/7/2025 on the ground that she has been issued charge-sheet under Sec. 38 (1) of the Rajasthan Panchayati Raj Act, 1994 r/w Rule 22(2) of the Rajasthan Panchayati Raj Rules of 1996, however, without conducting a mandatory preliminary inquiry as contemplated under Rule 22(1) of the Rajasthan Panchayati Raj Rules, 1996, which is sine qua non for initiation of inquiry under Sec. 38(1) of the Act of 1994 and only after that the power of suspension under Sec. 38(4) of the Act of 1994 can be validly invoked. Therefore, the order of suspension is not only illegal but also without jurisdiction.

(2.) Representing the respondent-Department, learned AAG Mr. Kapil Prakash Mathur, while referring an inquiry report (Annx.R/1) has stated that the inquiry was duly conducted under Rule 22(1) of the Rules of 1996.

(3.) Learned counsel for the petitioner stated that the said inquiry report shows that the same was not a departmental preliminary inquiry against the Village Development Officer and even in conclusion, the Inquiry Officer has recommended for initiating the departmental proceedings against the Village Development Officer under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short "the Rules of 1958"). Thus, as such, no inquiry under Rule 22(1) of the Rules of 1996 has been conducted against the petitioner.