S.B. Civil Writ Petition No. 14734/2016. Case: Habeeba Vs State of Rajasthan and Ors.. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 14734/2016
CounselFor Appellant: Varun Singhvi and K.K. Bissa, Advs. and For Respondents: Manish Patel, AGC
JudgesSangeet Lodha, J.
IssueIndian Penal Code 1860, (IPC) - Sections 120B, 420, 467, 468, 471; Rajasthan Panchayati Raj Act, 1994 - Sections 38, 38(1), 38(4), 39
Judgement DateTuesday February 07, 2017
CourtRajasthan High Court

Order:

Sangeet Lodha, J.

  1. This petition is directed against order dated 17.11.16 issued by the Joint Secretary, Rural Development & Panchayati Raj Department, placing the petitioner, an elected Sarpanch of Gram Panchayat, Chinnu, under suspension in exercise of the power conferred under Section 38(4) of Rajasthan Panchayati Raj Act, 1994 (for short "the Act"). The petitioner has also questioned legality of inquiry initiated under Section 38(1) by issuing charge sheet dated 17.11.16 under Rule 22(2) of Rajasthan Panchayati Raj Rules, 1996 (for short "the Rules").

  2. The petitioner has been placed under suspension on the ground that a criminal proceeding in regard to an offence involving moral turpitude is pending trial against her before the court of Additional Chief Judicial Magistrate, Pokaran. The charges levelled against the petitioner vide charge sheet dated 17.11.16 read as under:

  3. Learned counsel appearing for the petitioner contended that the petitioner was placed under suspension inasmuch as, the charges were framed by the criminal court of competent jurisdiction against her for offences under Section 420, 467, 468, 471, 120-B IPC, however, vide order dated 3.1.17 passed by the Additional Sessions Judge, Jaisalmer in Revision Petition No. 54/16, the...

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