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2017 DIGILAW 2477 (RAJ)

Anuja Meena W/o Kaluaram Meena v. State of Rajasthan Through Principal Secretary, Department of Rural Development and Panchayati Raj, Secretariat, Jaipur

2017-11-10

AJAY RASTOGI, DEEPAK MAHESHWARI

body2017
ORDER : 1. Instant special appeal is directed against order of the ld. Single Judge dt.16.08.2017. 2. The appellant was elected Sarpanch who was placed under suspension in exercise of powers u/Sec.38(4) of the Rajasthan Panchayati Raj Act, 1994 vide order dt.26.07.2017 It was never the case of the appellant that power has been arbitrarily exercised or the action is in abuse of statutory mandate vested with the authority u/Sec.38(4) of the Act, 1994. 3. In the given facts & circumstances, the ld. Single Judge was of the view that looking to the alleged financial irregularity of Rs.41 Lakhs committed during her tenure as Sarpanch. There appears no arbitrariness in action in placing her under suspension invoking Sec.38(4) of the Act, 1994. At the same time further observed that let the enquiry pending, may be completed within a period of two months. 4. Counsel submits that it is not a case of misconduct as being referred to u/Sec.38(1) of the Act, 1994. The nature of financial irregularity committed by the appellant in itself is sufficient to allege of the misconduct being committed which was made to be a basis for invoking Sec.38(4) of the Act, 1994. 5. After we have heard counsel for the appellants & taking note of the order impugned passed by the ld. Single Judge, we find no error in the order impugned which may call for our interference. 6. Consequently, the instant special appeal fails and is hereby dismissed.