P.C.JAIN,J. - (1.) IN this writ petition, the petitioner, Bansidhar, seeks to challenge the order dated 4th May, 1987, passed by respondent No. 2, where by he has been placed under suspension in exercise of the powers available under Section 17(4A) of the Rajasthan Panchayat Act, 1953 (for short, the Act) on the sole ground that a criminal case regarding FIR No. 56/84, Police Station Jhotwara involving an offence under Sections 167, 466, 467, 468 and 120B of the Indian Penal Code is pending against him in the Court of Addl. Chief Judicial Magistrate, No. 7, Jaipur City, Jaipur.
(2.) BRIEFLY stated the facts of the case are that the petitioner is a Sarpanch, Gram Panchayat, Nangal Jesa -Bohra. He was elected in the year 1981. Earlier, also, the petitioner was Sarpanch of the said Panchayat and was elected in the year 1978. On 17th April, 1984, FIR No. 56/84 was registered at the Police Station, Jhotwara, After investigation, a challan was filed and the case is pending in the Court of the Additional Chief Judicial Magistrate No. 7, Jaipur City, Jaipur, The petitioner was suspended on 4th May, 1987 by respondent No. 2, Additional Secretary (Enquiry), Rural Development and Panchayat Raj Department, Jaipur in pursuance of the powers available to the Government under Section 17(4A) of the Act. In this writ petition, the petitioner has challenged the order of suspension dated 4th May, 1987 on the ground that, though, the case is pending in the Court of Additional Chief Judicial Magistrate No. 7, Jaipur City, but so far in the criminal case no charge has been framed against the petitioner. It is submitted by the petitioner that the petitioner could not have been suspended on the ground of pendency of a criminal case against him in view of the decision of this Court in the case of T.C. Jain v. State of Rajasthan 1986 (1) WLN 703. A notice was issued to the respondents to show cause as to why the writ petition should not be admitted by this Court, vide its order dated 12th May, 1987. In reply to the said show cause notice, the respondents have filed return. In the return the respondents have contended that the suspension of the petitioner was perfectly justified as the impugned order is in accordance with the provisions of law. It is further contended that Section 17(4A) applies to the facts of the case where criminal proceedings have been initiated and the respondents have placed reliance on the decision of this Court in Kewal Chand v. State .
(3.) THUS , the petitioner placed reliance on the decision of this Court in T.C. Jain v. State 19 6(1)WLN 703 and the respondents get support from the judgment of this Court in Kewal Chand v. State . It may be stated that both the judgments are by the same Judge and in the letter case of T.C. Jain (supra), the case of Kawal Chand (supra) has not been referred to.;