Remanded

Vijendra Singh v. State of Raj and Ors.

Rajasthan HC24 Nov 2014CW/16732/2013

Case brief

AI extract

What is this about?

The Division Bench disposed of appeals arising from proceedings under the Rajasthan Panchayati Raj Act involving the revival of a preliminary enquiry against a Sarpanch. The Court directed the competent authority to conclude the final enquiry and pass orders before 31.12.2014 to avoid delay coinciding with the Sarpanch's term expiration.

What did the court decide?

Direction to the competent authority to conclude the final enquiry and pass final orders on or before 31.12.2014.

Vijendra Singh Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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(1) D.B. Civil Special Appeal (Writ) No.1292/ 2014 Vijendra Singh vs. State of Rajasthan & Ors.

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(2) D.B. Civil Writ Petition No.16732/ 2013 Vijendra Singh vs. State of Rajasthan & Ors.

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Date of Judgment : 24.11.2014

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HON ' BLE THE ACTI NG CHI EF JUSTI CE MR.SUNI L AMBW ANI HON ' BLE MR. JUSTI CE J.K.RANKA

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Mr. Rajveev Surana, counsel for appellant-petitioner. Ms. Naina Saraf, counsel for respondents.

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It is contended that after a preliminary enquiry, a chargesheet was submitted under section 38 of the Rajasthan Panchayati Raj Act on 05.04.2013. The final enquiry against Smt.Maharaji Devi Gurjar, the Sarpanch of the village, has not been concluded so far.

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It is submitted that during the pendency of the final enquiry, Smt.Maharaji Devi Gurjar managed to obtain an order for a fresh preliminary enquiry, which has been stayed by this Court and that the Division Bench did not interfere with the

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stay order in the appeal.

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In the writ petition No.6418/ 2013, filed by Smt.Maharaji Devi Gurjar, learned Single Judge has, by an order dated 16.07.2014, directed the State-respondents to finalize the proceedings, challenged in this appeal.

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By an interim order dated 03.09.2014, this Court directed that the suspension order will continue, as in the earlier writ petition, the holding of fresh preliminary enquiry was stayed.

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We do not find any directions or even observations, in the order of learned Single Judge dated 16.07.2014 giving rise to this appeal, which may operate against the petitionercomplainant. Learned Single Judge has simply directed that the final enquiry be concluded at the earliest.

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We are informed by the learned counsel appearing for the respondents that the term of Smt.Maharaji Devi Gurjar, as Sarpanch, is going to expire on 31.12.2014. She has requested for directions to conclude the enquiry before 31.12.2014.

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Without going into the merits of the charges and allegations made by the parties against each other, we are of the view that it will be appropriate that the final enquiry be

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concluded as expeditiously as possible, and preferably before 31.12.2014.

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The Special Appeal is accordingly disposed of with direction to the competent authority to conclude the enquiry and pass final orders in the matter as expeditiously as possible and before 31.12.2014.

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In view of the above, S.B.Civil Writ Petition No.16732/ 2013, in which the re-preliminary enquiry was stayed, also stands disposed of.

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A copy of this order be placed in both files.

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( J.K.RANKA) ,J. ( SUNI L AMBW ANI ) ,ACTI NG C.J.

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Mohit/ M/ 25-26/ All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Mohit Tak, P.A.

Vijendra Singh v. State of Raj and Ors.

Case brief

What is this about?

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Vijendra Singh v. State of Raj and Ors.

Case brief

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