JAGAT NARAYAN, J. - (1.) THIS is a writ petition by one Pukhraj Sarpanch of Badgaon Panchayat against an order of the State Government dated 3-6-64 suspending him under sec. 17 (4-A) of the Panchayat Act.
(2.) ON a requisition by the State Government the Collector of Sirohi held a preliminary exparte inquiry against the petitioner under r. 20 of the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961 and submitted a report to the effect that certain charges of embezzlement had been prima facie established against him. ON receipt of the report of the Collector the State Government sent a notice to the petitioner on 20-5-64 enclosing a list of the charges and asking him to show cause in writing why an inquiry should not be held on those charges. He was asked to submit his reply by 3-6-64. According to the State Government the petitioner submitted his reply on 20-7-64. But according to the petitioner he sent it before 3-6-64. An acknowledgment receipt has been filed which goes to show that a communication was received from the petitioner by the State Government on 1-6-64. From his affidavit and from this acknowledgment receipt I infer that the reply of the petitioner was received by the State Government on 1-6-64. However that is not material for the purpose of this case. It is not disputed that no inquiry was ordered and no inquiry officer was appointed by the State Government as contemplated under r. 21 (3) by 3-6. 64 when he was suspended. The question which arises for determination is whether the petitioner could be suspended on the receipt of the report of the preliminary inquiry. The relevant parts of sec. 17 (4) and (4a) run as follows: - "sec. 17 (4) - The State Government may, by order in writing and after giving him an oppor tunity of being heard and making such inquiry as may be deemed necessary, remove any Panch, Sarpanch or Up-Sarpanch who - (a) refuses to act or becomes incapable of acting as such, or (b) in the opinion of the State Government, has been guilty of misconduct or neglect in the discharge of his duties or of any disgraceful conduct. "s. 17 (4a) - The State Government may dur ing the course of any enquiry under sub-sec. (4), suspend a Panch, Sarpanch or Up-Sarpanch against whom the inquiry has been started and debar him from taking part in any act or proce eding of the Panchayat while under such suspension. " In my opinion, the inquiry referred to in sec. 17 (4) is the final inquiry which is ordered by the State Government under r. 21 (3 ). Under r. 21 (2) notice is issued to the Sarpanch calling upon him to show cause why an inquiry should not be held against him. It is only after applying its mind to that representation that the State Government orders a final inquiry under r. 21 (3 ). It is as a result of this inquiry held under r. 21 (3) that the final order of removal can be passed. It is this inquiry which is referred to in sec. 17 (4 ). It appears to me that as a Sarpanch holds an elective office the legislature did not think it proper that he should be liable to suspension pending a preliminary inquiry like a civil servant. It has accordingly prescribed that the Sarpanch can only be suspended after the Government have duly applied their mind to the record of the preliminary inquiry and the explanation furnished by the Sarpanch in reply to the notice under r. 21 (2) and decide to hold a final inquiry against him. I accordingly find that the order suspending the petitioner was passed prematurely. I therefore allow the writ petition and set aside the order. In the circumstances of the case, I direct that parties shall bear their own costs of this writ petition. . ;