DINESH PALIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present intra-court appeal, the appellant has impugned the order dtd. 5/9/2018, passed by the learned single Judge of this Court, whereby his writ petition had been dismissed in light of a Division Bench judgment dtd. 9/5/2014, rendered in the case of Ganesha Ram v. State of Raj. and Ors. (DBSAW No. 1038/2013).

(2.) The appellant an elected Sarpanch of Gram Panchayat Delwara, Panchayat Samiti Khamnor, filed the writ petition laying challenge to the order dtd. 21/8/2008, vide which he was placed under suspension by the State Government in exercise of powers under Sec. 38(4) of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as "the Panchayati Raj Act" or "the Act of 1994").

(3.) Before the learned single Judge, it was contended that the appellant-writ petitioner was not at all connected with the transaction and he had been falsely implicated. However, noticing the appellant's involvement in corruption and taking into consideration the fact that an inquiry under Sec. 38 of the Panchayati Raj Act had been initiated against him, as recorded in the impugned order dtd. 21/8/2018, the learned single Judge dismissed the writ petition, following the Division Bench judgment in the case of Ganesha Ram (supra).