LALA RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The order of suspension of the petitioner - Sarpanch dtd. 11/3/2025 (Annx.11) as well as memorandum of charge-sheet along with statement of charges dtd. 11/3/2025 (Annx.12) issued by the respondent - State Government, are challenged in the present writ petition. The petitioner has further sought a direction to be issued to the respondents to hand over charge of the post of Sarpanch, Gram Panchayat Sundo Ka Bas, Panchayat Samiti Kishangarh-Renwal, District Jaipur (hereinafter referred as "Gram Panchayat").

(2.) The facts as pleaded by the petitioner, giving rise to present writ petition, are stated in succinct as under :-

(3.) In reply to the writ petition, the factual averments made in the writ petition were, though, not disputed by the respondents, but it is stated that while taking decision for shifting the site of the construction of Panchayat Bhawan, the earlier orders passed by the State Government as well as public sentiments have been overlooked/flouted by the petitioner. While alleging the action of the petitioner - Sarpanch to be arbitrary and highhanded, it is stated that the land subsequently proposed is lesser in size and the same is not suitable for the said purpose. With regard to Charge No. 2, the respondents submitted that no effective action was taken for removal of the encroachment by the petitioner -Sarpanch. The respondents stated that a preliminary enquiry as required under Rule 22(1) of the Rules of 1996 was conducted and based upon the same, the definite charges were framed and duly communicated to the petitioner. Therefore, the order of suspension has been passed while duly complying the statutory requirement and thus, the interference of this Court is not called for.