PRAKASH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up for consideration of an application (APPLW No.6491/2017) preferred under Article 226(3) of theConstitution of India on behalf of the respondent-State with a prayer for vacating the ex-parte interim order dated 28.11.2017 passed by this Court.

(2.) The petitioner has filed this writ petition being aggrieved with the order dated 20.11.2017 passed by the respondent No.2 - Joint Secretary & Deputy Commissioner (Enquiry), Department of Rural Development & Panchayati Raj, Government of Rajasthan, Jaipur while exercising powers under Sub-section (4) of Section 38of the Rajasthan Panchayati Raj Act, 1994 (hereinafter to be referred as 'the Act of 1994'), whereby the petitioner has been suspended from the post of Sarpanch of Gram Panchayat Punasa, Panchayat Samiti Bhinmal, District Jalore.

(3.) The main contention raised by the petitioner in this writ petition is to the effect that as per Sub-section (4) of Section 38 of the Act of 1994, a Chairperson of Panchayati Raj Institution can only be suspended in two contingencies, (i) if the enquiry under Sub-section (1) of Section 38 of the Act of 1994 has been initiated against him/her; or (ii) if any criminal proceedings for the offences involving moral turpitude is pending trial against a Chairperson of Panchayati Raj Institution in the criminal court.