ANIL CHITODA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order is in disposal of two applications moved in this writ petition, IA No. 6889/2009 and IA No. 10881/2009.

(2.) IN IA No. 6889/2009, the applicant Ashok Kumawat seeks his impleadment in this writ petition as respondent while by the other application, IA No. 10881/2009, the petitioner Anil Chitoda seeks specific order of this Court in relation to the interim order passed earlier in this petition that the same having not been specifically vacated, continues to remain in operation.

(3.) THE petitioner is said to have been elected as Sarpanch, Gram Panchayat Bhuwana, Panchayat Samiti Badgaon in the month of January 2005. According to the petition averments, the petitioner came to know about an order dated 09.02.2009 (Annex. 1) as issued by the Government in its Rural Development and Panchayati Raj Department in exercise of the powers conferred by Section 38 of the Rajasthan Panchayati Raj Act, 1994 placing him under suspension essentially on the ground that he had caused loss to the public exchequer. According to the petitioner, he was never served with any notice either by the Chief Executive Officer of Zila Parishad or by any officer authorised by the State Government before conducting preliminary enquiry in the matter; and no preliminary enquiry had been held against him in terms of Rule 22 of the Rajasthan Panchayati Raj Rules, 1996. Thus, the petitioner contends that the order dated 09.02.2009 placing him under suspension remains arbitrary and illegal.