VIJAY PRAKASH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant writ petition, petitioner has challenged order dated 14th of June 2018 (Annex.4), passed by Vikas Adhdikari, Panchayat Samiti, Raipur, District Pali. By the order impugned, petitioner, a Gram Sevak-cum-Secretary, Gram Panchayat, Raipur, is suspended in contemplation of the Disciplinary Enquiry.

(2.) Assailing the impugned order, it is contended by learned counsel for the petitioner that suspension order has been passed in gross violation of Rule 298 of the Rajasthan Panchayati Raj Rules, 1996. It is further argued by learned counsel that impugned order of suspension is not satisfying the requirements envisaged under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. Elaborating his submissions, learned counsel submits that author of the suspension order is not a competent authority and as such order is without jurisdiction.

(3.) Per contra, learned counsel for the respondents have argued that against the suspension order equally efficacious alternative statutory remedy of appeal is available to the petitioner under Rule 22 of the Rules of 1958, and therefore, the writ petition is not maintainable. It is also submitted by learned counsel for the respondents that impugned order has been passed against petitioner in contemplation of Disciplinary Enquiry and there is no question of violation of Rule 13 of the Rules of 1958.