STATE OF RAJASTHAN Vs. PUKHRAJ

JUDGEMENT

(1.) THIS is a special appeal under sec. 18 of the High Court Ordinance and arises in the following circumstances: On 4th October, 1960 Shri Pukhraj was elected as Sarpanch of Badgaon Panchayat, but he had to relinquish his office on account of no confidence motion passed against him on 10th October, 1963. On 23rd January, 1964 he was again elected as Sarpanch of the said Panchayat. On 24th May, 1964 he received a notice from the Assistant Secretary (Enquiry) Government of Rajasthan asking him to show cause why enquiry should not be made in respect of the charges contained in the statement annexed to the notice. He submitted his reply to the charge-sheet. On 10th June, 1964 the petitioner received an order from the Assistant Secretary (Enquiry) by which the petitioner was suspended from the post of Sarpanch under sec. 17 (4-A) of the Rajasthan Panchayat Act (hereinafter called the Act.)

(2.) SHRI Pukhraj filed a writ petition in this Court challenging the aforesaid order of suspension on various grounds. This writ petition was heard by Jagat Narayan J. The writ petition was allowed by the learned Judge and he set aside the aforesaid order of suspension. It is against this judgment of the learned Single Judge that the State of Rajasthan has filed this appeal.