- (1.)The instant writ petition has been filed for quashing of charges dated 16-4-99 (Annex. 1) and suspension order dated 16-4-99 (Annex. 5) relating to the petitioner, a duly elected Sarpanch of the Gram Panchayat.
(2.)The facts and circumstances giving rise to this case are that petitioner was elected as a Sarpanch, Gram Panchayat, Tinwari, district Jodhpur in January, 1995. Petitioner received the charge-sheet dated 16-4-99 and the suspension order of the same date contained in Annexures 1 and 5 respectively on certain charges of irregularities/illegalities and petitioner was called upon to submit his reply on or before 30-4-99 as to why inquiry be not conducted against him in terms of sub-rule (2) of Rule 22 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the Rules 1996). In response to the said notice, instead of submitting a reply, petitioner demanded the statement of allegations asserting that the same had not been supplied to him along with the charges and in absence of statement of allegations, it was not possible for him to submit written statement. Petitioner also requested for some more time. Respondents granted him 15 days further time to submit his written statement but petitioner contends that the statement of allegations has not been supplied to him till now. Being aggrieved and dissatisfied, petitioner preferred the writ petition on 4th May, 99 for quashing of the charges as well as the suspension order. This Court issued notice for final hearing to the respondents as no interim relief was granted in favour of the petitioner. During the pendency of the writ petition, the government vide order dated 4-6-99 appointed an inquiry officer to hold and conclude the enquiry in pursuance of the provisions of Rule 22 of the Rules, 1996.
(3.)Shri J. P. Joshi, learned counsel for the petitioner has given up the case against the impugned charges dated 16-4-99 (Annex. 1) and restricted his submissions only for quashing of suspension order dated 16-4-99 (Annex. 5). The relevant provisions of law involved in this case are quoted hereunder :-
Rajasthan Panchayati Raj Act, 1994 38. Removal and suspension - (1) The State Government may, by order in writing and after giving him an opportunity of being heard and making such enquiry as may be deemed necessary, remove from office any member including a chairperson or a deputy chairperson of a Panchayati Raj Institution. xxx xxx xxx xxx (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-sec. (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 proceedings of the Panchayati Raj Institution concerned while being under such suspension."

Rajasthan Panchayati Raj Rules, 1996 22. Procedure of enquiry.- (1) Before taking any action under sub-sec. (1) of Sec. 38, where on its own motion or upon any complaint, the State Government may ask the Chief Executive Officer or any other officer to get a preliminary enquiry done and to send his report to the State Government within one month. (2) If, upon consideration of the report received as aforesaid or otherwise, the State Government is of the opinion that action under sub-sec. (1) of Sec. 38 is necessary, the State Government shall frame definite charges and shall communicate them in writing to the Chairperson, Deputy Chairperson or member of the Panchayati Raj Institution together with such details as may be deemed necessary. He shall be required to submit a written statement within one month admitting or denying the allegations, giving his defence, if any and whether he desires to be heard in person." Rule 320.- Officer Incharge of Panchayati Raj.- (1) Chief Executive Officer shall act as Office Incharge Panchayati Raj at the district level for general superintendence, guidance and direction of all Panchayati Raj Institutions in the district. Rule 336.- Other powers and functions of the Chief Executive Officer.- In addition to the powers and duties laid down in Section 84 of the Act, the Chief Executive Officer shall assist the Pramukh in discharge of functions specified in Rule 36 and perform additional duties and exercise powers as under :- (1) He shall act as Officer Incharge Panchayati Raj for the district and shall provide a necessary guidance and advice in the implementation of rural developmental schemes and programmes in the district. xxx xxx xxx xxx (4) Take action for removal of member or conduct preliminary enquiry in case of disqualification coming to his knowledge and conduct special meeting when no confidence motion is received against Panch/Sarpanch, Pradhan/Up-Pradhan."