CHANDU KANWAR Vs. ZILA PARISHAD, PALI

JUDGEMENT

(1.) The instant writ petition has been filed to challenge the impugned order dated 26.08.2016, by which, the petitioner has been placed under suspension.

(2.) In brief, facts of the case are that the petitioner was working as Lower Division Clerk cum Gram Sevak and Secretary, Gram Panchayat Janunda, Panchayat Samiti Marwar Junction, District Pali. It is contended that petitioner was discharging duties satisfactorily, however, the Sarpanch of the Gram Panchayat Janunda was not amicable towards her. On 26.08.2016 a public hearing of the M.L.A of the area was to be held along with Sub-Divisional Officer, Marwar Junction and the petitioner was informed to remain present at the meeting. The petitioner attended the meeting but due to her illness, could not remain present right through the entire meeting and submitted an application before the Sub-Divisional Officer requesting him to allow her to leave head-quarters. However, on the same day i.e 26.08.2016 the petitioner was served with an office order whereby she was placed under suspension by the Chief Executive Officer, Zila Parishad, Pali while exercising powers conferred upon him under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958') on the ground that during the public hearing of the M.L.As., the petitioner misbehaved with the Sub-Divisional Officer, Marwar Junction and further on the ground that she used to keep official record at her residence instead of keeping the same in the office.

(3.) Mr. Khet Singh, learned counsel appearing on behalf of petitioner submits that the suspension order has been passed without any disciplinary proceedings pending against the petitioner and as such there is no compliance of Rule 13 of the Rules of 1958. It is further argued that the impugned suspension order has been passed at the behest of the Sarpanch and as such, the same is vitiated on account of malafide. It is also submitted that ground for suspension is for retaining office record at her residence and the said reason is without any basis since the authorities themselves have put a lock upon the room of the office of the Gram Panchayat Janunda where the record is lying. To substantiate the fact the petitioner is being harassed , the details of various litigation pending has been given. Even a charge sheet came to be served upon the petitioner under Rule 17 of the Rules of 1958.