RAJMAL CHAWLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition has been filed by the petitioner challenging order dt.17.09.2018 passed by the respondents wherein they have placed the petitioner under suspension by invoking power under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994.

(2.) The brief facts pleaded in the writ petition, are that the petitioner was elected as Sarpanch of Gram Panchayat Kala Deh, Panchayat Samiti Bheem, District Rajsamand. The petitioner has pleaded that he was working very honestly with the job assigned to a Sarpanch. A false complaint under Section 7, 13 (1) (D), 13(2) of the Prevention of Corruption Act, 1988 was filed against the petitioner by one namely Mahendra Singh Rawat. The petitioner has pleaded in the writ petition that false allegation was levelled against him that he had demanded a bribe for registering the Patta of said Mahendra Singh Rawat. The petitioner has pleaded that after lodging of the FIR, the matter is still pending adjudication before the Competent Criminal Court and no charge-sheet has been filed before filing of the writ petition.

(3.) The petitioner has pleaded that the moment he came to know that Mahendra Singh Rawat and his father have got registered Pattas by putting false signature and seal of the petitioner, the petitioner also lodged an FIR on 29.08.2018 and informed that he had never signed or put his seal over the said Pattas. The petitioner has pleaded that without affording opportunity of hearing and notice, impugned order dt.17.09.2018 placing the petitioner under suspension has been passed.