Indraj Punia vs State Of Rajasthan
2022 Latest Caselaw 13809 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15073/2022 Indraj Punia S/o Sh. Nathuram Punia, Aged About 62 Years, Resident Of Village Ridmalsar, Tehsil Padampur, District Sri Ganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Government, Department Of Rural Development And Panchayati Raj, Rajasthan.

2. Director Local Fund Audit Department, Vitt Bhawan, Block A, Jyoti Nagar, Jaipur (Raj.)

3. Additional Director, Local Fund Audit Department, Regional Office, Bikaner.

4. Chief Executive Officer, Zila Parishad, Sri Ganganagar.

5. Vikas Adhikari, Panchayat Samiti Padampur, District Sri Ganganagar.

6. Sh. Gurmeet Singh Kooner, Member Legislative Assembly, Sri Karanpur, Resident Of Chak 25 B.b., Tehsil Padampur, District Sri Ganganagar.

                                                                  ----Respondents


For Petitioner(s)           :    Mr. BS Sandhu
For Respondent(s)           :

           HON'BLE MR. JUSTICE VIJAY BISHNOI
                   Judgment / Order

24/11/2022

Learned counsel for the petitioner has submitted that

the petitioner remained Sarpanch of Gram Panchayat

Ridamalsar, Panchayt Samiti, Padampur, District

Sriganganagar from 2010 to 2015 and at present, he is

Sarpanch of Gram Panchayat Ridamalsar since 2020. It is

submitted that an audit in respect of the development works

carried out by Gram Panchayat Ridamalsar since 2012 to

(2 of 3) [CW-15073/2022]

2015 was conducted and in the aforesaid audit report

(Annex.-1), no irregularities were found. Later on, again on

the basis of a complaint filed by some persons, again a

detailed inquiry regarding development works took place from

2010 to 2015 was conducted and in the said inquiry, it was

concluded that no irregularities were found during that period

and pursuant to that, the Divisional Commissioner, Bikaner

has dropped the proposal of initiating inquiry against the

petitioner under Section 38 of the Rajasthan Panchayati Raj

Act, 1994. Thereafter, several inquires were carried out on

the basis of complaint filed by private persons at Panchayat

Samiti Ridamalsar and in all those inquiries, the inquiry

committees have given their recommendations that no such

irregularities have been found during the relevant period i.e.

2010 to 2015.

Learned counsel for the petitioner has submitted that

now at the instance of a local MLA respondent No.6, only with

the intention to harass the petitioner, who is at present

working as Sarpanch of the Gram Panchayat Ridamalsar, a

special audit inspection is being conducted in relation to the

works carried out in the Gram Panchayat Ridamalsar from the

year 2010 to 2015. It is submitted that the respondents are

bent upon to remove the petitioner from the post of

Sarpanch.

Issue notice. Issue notice of stay petition as well,

returnable within four weeks.

In the meanwhile, a special audit in relation to the

development works carried out in Panchayat Samiti

Ridamalsar, District Sriganganagar for the year 2012 to 2015

(3 of 3) [CW-15073/2022]

be carried out, however, no coercive action shall be taken

against the petitioner on the basis of any report submitted by

the audit party.

(VIJAY BISHNOI),J

Surabhii/51-

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