SITA RAM TAILOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge is the order dtd. 2/7/2019 passed by the Divisional Commissioner, Jaipur suspending the petitioner from the post of Sarpanch, Gram Panchayat Chharsa, Panchayat Samiti Shahpura, District Jaipur under Sec. 38(4) of the Rajasthan Panchayati Raj Act, 1994 (hereafter 'the Act of 1994').

(2.) The facts of the case are that the petitioner won the election for the post of Sarpanch of Gram Panchayat Chharsa, Panchayat Samiti Shahpura held on 18/1/2015 and won a five year term. One Vishnu Kumar filed complaint disputing the petitioner's documents of eligibility to contest the election in issue and alleged that they were false and fabricated. FIR No. 230/2015 was thereon registered at Police Station Manoharpur, District Jaipur for the offences under Sec. 420, 464, 465, 467, 468, 471 and 120-B IPC. Following investigation charge sheet was filed, and thereon charges for offences alleged have been framed on 22/9/2017. The trial in respect thereof is pending before the court.

(3.) Along with the copy of the court's order dtd. 22/9/2017 framing charges against the petitioner, the complainant approached the Divisional Commissioner Jaipur, seeking requisite action under the Act of 1994. A notice was in the circumstances issued to the petitioner on 6/11/2017 under Rule 22(2) of the Rajasthan Panchayati Raj Rules, 1996 (hereafter 'the Rules of 1996'). The petitioner's case is that he was not served a copy of the aforesaid notice and hence unable to file his reply in defence thereto. It has been suggested that in absence of the petitioner's reply to the notice dtd. 6/11/2017 an exparte adverse conclusion against the petitioner was drawn in gross contravention of the principles of natural justice by the Deputy Secretary cum Commissioner (Enquiry) in his recommendation on 3/6/2019, based whereon the impugned order of suspension has been unfairly and arbitrarily passed by the Divisional Commissioner on 2/7/2019.