Dismissed

Satya Narayan Salvi v. State Rural Deve.and Pan. Raj. and Ors.

Rajasthan HC12 Dec 2019SAW/398/2012

Case brief

AI extract

What is this about?

An appeal against a high court single judges judgment regarding suspension and enquiry proceedings under the Rajasthan Panchayati Raj Act, 1994 for corruption allegations against a Sarpanch. The court upheld the lower courts interpretation of procedural rules.

What did the court decide?

The special appeal was dismissed. All pending applications stand dismissed.

Satya Narayan Salvi Vs State Rural… — Pension and Retirement Benefits | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 398/2012

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Satya Narayan Salvi s/o Shri Ganga Ram Ji, aged about 50 years, b/c Salvi, r/o Village and Post Kaladwaas, Tehsil Girwa, District Udaipur.

¶4

----Appellant

¶5

Versus

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State of Rajasthan, through Secretary to the Government Department of Rural Development and Panchayati Raj, Secretariat, Jaipur.

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Under Secretary (Enquiry), Rural Development and Panchayati Raj, Secretariat, Jaipur.

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Additional Chief Executive Officer, Zila Parishad, Udaipur.

¶9

----Respondent

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For Appellant(s) : Mr. Harish Purohit For Respondent(s) : Mr. Sunil Beniwal, AAG

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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12/12/2019

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The appellant/writ petitioner has preferred this appeal claiming the following relief:

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“It is, therefore, respectfully prayed that this Special Appeal may kindly be allowed and by an appropriate order or direction impugned order dated 02.05.2012 passed in the writ petition may kindly be declared illegal and be accordingly quashed and set aside. The writ petition may kindly be allowed as prayed for by the petitioner.

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Any other relief to which appellant appears entitle to may kindly also be passed in favour of the appellant.”

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(2 of 2)

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[SAW-398/2012]

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An FIR was lodged against the appellant/writ petitioner, the Sarpanch on 10.01.2012 for the offence under the Prevention of Corruption Act, 1988. Thereafter, show cause notices were issued to the appellant/writ petitioner and he was placed under suspension under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994 on 17.02.2012.

¶20

Learned counsel for the appellant/writ petitioner submits that the learned Single Judge has treated the show cause notice to be in accordance with Rule 22(2) of the Rajasthan Panchayati Raj Rules, 1996, whereas the language of the show cause notice clearly reflects that the same is not in accordance with the Rules of 1996.

¶21

Heard learned counsel for the parties as well as perused the record of the case.

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This Court, while perusing the impugned order, finds that the finding arrived at by the learned Single Judge that Rule 22(2) of the Rules of 1996 empowers the authority competent to serve notice alongwith definite charges on which the enquiry is proposed to be initiated and the required procedure has been taken care of for further action, does not call for any interference.

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Once the spirit of law has been complied with, then the impugned judgment leaves no reason of interference.

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In view of the above, the present appeal does not merit acceptance and the same is accordingly dismissed. All pending applications also stand dismissed.

¶25

(DR. PUSHPENDRA SINGH BHATI),J

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(INDRAJIT MAHANTY),CJ

¶27

30-SKant/-

Satya Narayan Salvi v. State Rural Deve.and Pan. Raj. and Ors.

Case brief

What is this about?

What did the court decide?

Satya Narayan Salvi v. State Rural Deve.and Pan. Raj. and Ors.

Case brief

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