JAGDISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who belongs to Scheduled Caste was elected as Sarpanch, is placed under suspension by the impugned order dated 14. 10. 99 (Annex. 5) passed by the State Government in exercise of its powers under Section 38 (4) of the Rajasthan Panchayati Raj Act, 1994 (for short `the Act' ).

(2.) LEARNED counsel Mr. Singhvi for the petitioner submits that the enquiry was initiated against the petitioner by the Chief Executive Officer way back in March, 1998 and only in the month of February, 1999, after a period of about one year, a notice along with a chargesheet was issued by the State Government against the petitioner. He submitted that reply to the notice was submitted by the petitioner on 26. 3. 1999 but the State Government did not take any action in the matter till 14. 10. 99, the day on which the petitioner was placed under suspension by the impugned order at Annex. 5 without initiating any regular enquiry. He submitted that the election is due in the month of February, 2000, therefore, on the eve of the election, the petitioner is suspended merely because he is a Scheduled Caste per-son. He, therefore, submitted that the impugned order of suspension be quashed and set aside.

(3.) LAST submission was raised by Mr. Singhvi that unless and until the enquiry under Section 38 of the Act commences, a person cannot be placed under suspension. In support of his submission, he has placed reliance upon the Division Bench of this Court in case of Bajrang Lal vs. State of Rajasthan and others (1 ). He submitted that in this case, the petitioner is placed under suspension without valid enquiry initiated against him by the State Government. Section 38 (4) of the Act is reproduced for considering the above submission of Mr. Singhvi, which is as under:- " (4) The State Government may suspend any member including a chairperson or a deputy chairperson of a Panchayati Raj Institution against whom an enquiry has been initiated under sub-section (1) or against whom any criminal proceedings in regard to an offence involving moral turpitude is pending trial in a court of law and such person shall stand debarred from taking part in any act or proceeding of the Panchayati Raj Institution concerned while being under such suspension. "