Arun Bhansali, J. - (1.) THESE writ petitions have been filed by the petitioners against notice dt. 10.09.2014 issued by the Additional District Collector, Sirohi and the notice dt. 21.05.2015 issued by the Divisional Commissioner, Jodhpur and have further sought quashing of the inquiries initiated against them. The petitioners were elected Ward Members of Gram Panchayat, Santpur during the period 2005 to 2010; an F.I.R. No. 140/2008 was lodged against the Sarpanch, Patwari, Gram Sewak and the petitioners with the allegations that forged Patta was issued in favour of Smt. Godawari without following due process of law; the police gave FR, however, the Judicial Magistrate took cognizance against all the persons. Revision petitions were filed against the order and the same were pending before the revisional Court.
(2.) IN the meanwhile the Patta issued in favour of Smt. Godawari was challenged by way of filing revision petitions and the same were allowed and the Patta was cancelled, against which, writ petitions were filed and the same are pending consideration before this Court; inquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was initiated against the Gram Sewak and the charge was not found proved against him. A complaint was sent to the Lokayukta, which was sent for inquiry to the Divisional Commissioner, who forwarded the same to the Chief Executive Officer, Zila Parishad, Sirohi for conducting preliminary inquiry and who in turn forwarded the same to the Block Development Officer, Panchayat Samiti, Abu Road.
(3.) A report has been submitted by the Block Development Officer indicating that as the matter was sub judice before the High Court in the revision petitions no inquiry can be initiated in the matter. However, the Divisional Commissioner vide his orders dt. 19.08.2014 decided to hold inquires under Secs. 38 and 39 of the Rajasthan Panchayati Raj Act, 1994 ('the Act') and the inquires were held by the Additional District Collector, Sirohi after issuing notices dt. 10.09.2014, to which replies were filed by the petitioners.;