- (1.) BY this petition for writ the petitioner is assailing validity of the order of suspension dated 05.10.2006 on several grounds including the same being without jurisdiction.
(2.) IT is submitted that as per Sub-Section (6) of Section 89 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994') the Appointing Authority of the petitioner is Panchayat Samiti, as such, he could have been placed under suspension either by Panchayat Samiti or by any other authority to which the Samiti is subordinate. It is also submitted that the petitioner is facing suspension since 2006 and, as such, the prolong suspension is having its arbitrary effects. A Co-ordinate Bench of this Court on 9.12.2009 while issuing notices to the respondents, passed the following order : "Learned counsel for the petitioner submits that as per Sub-section (6) of Section 89 of the Rajasthan Panchayati Raj Act, 1994, the appointing authority of the Gram Sewak- cum-Secretary, Gram Panchayat is Panchayat Samiti and as per Rule 298, the appointing authority or higher authority or any officer empowered by the State Government can suspend the officer of the Panchayat Samiti, wherein in this case, the Vikas Adhikari has passed the order of suspension and he has not been empowered by the State Government for exercising powers under Rule 298 of the Rules of 1996. It is also submitted that it is a case of pro- longed suspension and further on the basis of wholly baseless reason that petitioner has not submitted reply in time. In view of the above reasons, issue notice to the respondents. Meanwhile, the operation of the order dated 5.10.2006 shall remain stayed."
(3.) A reply to the writ petition has been filed by the respondents. As per the averments contained therein the petitioner is facing a disciplinary action for the charges of misconduct, therefore, he was placed under suspension.;