Rajkumar Aagal vs State Of Rajasthan
2021 Latest Caselaw 2347 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1645/2021

Rajkumar Aagal S/o Shri Nathulal Aagal, Aged About 48 Years, Resident Of Village Shivrati, Panchayat Samiti And Tehsil Sahada, District Bhilwara (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Rural Development And Panchayati Raj Department (Panchayati Raj), Government Of Rajasthan, Secretariat, Jaipur.

2. Chief Executive Officer, Zila Parishad, Bhilwara.

3. Development Officer, Panchayat Samiti Sahada, District Bhilwara.

                                                                   ----Respondents


For Petitioner(s)         :     Mr. Mukesh Vyas
For Respondent(s)         :     Mr. K.K. Bissa
                                Mr. Gajendra Singh Chouhan



                     JUSTICE DINESH MEHTA

                                 Judgment

28/01/2021

1. The petitioner has laid challenge to the order dated

21.01.2021, whereby he has been placed under suspension.

2. Mr. Mukesh Vyas, learned counsel for the petitioner argued

that petitioner's appointing authority is the District Establishment

Committee and as such the respondent No.3 - the Development

Officer cannot place the petitioner under suspension.

3. A reply to the writ petition has been filed.

4. On the basis of the reply, Mr. Bissa, learned counsel for the

respondents submitted that, in view of notification dated

30.01.2020, since the Gram Sevak and Secretary has been given

(2 of 2) [CW-1645/2021]

charge of the Gram Panchayat and Panchayat Samiti, the order

impugned has been pased by a competent authority.

5. In prima facie opinion of this Court, a Gram Sevak having

been given charge of a Gram Panchayat or Panchayat Samiti

cannot exercise the powers of Establishment Committee.

6. The matter requires consideration.

7. Admit. Issue notice.

8. Mr. K.K. Bissa accepts notice on behalf of the respondents.

9. List this case for hearing in the month of April, 2021.

10. Meanwhile, effect and operation of the order dated

21.01.2021 (Annex.8) shall remain stayed and the petitioner shall

be permitted to discharge his duties in accordance with law.

(DINESH MEHTA),J 55-Ramesh/-

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