1 S.B. CIVIL WRIT PETITION NO.265/2008 (Bhagwana Ram Vs. State of Rajasthan & Ors.) Date of order :: 20.02.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.B.S. Deora, for the petitioner. Mr.N.M. Lodha, Addl. Advocate General. Mr.Shambhoo Singh, for the respondent No.3. Heard learned counsel for the parties. Upon perusal of the pleadings, it appears that there is complete good-bye to the provisions of Section 38 (4) of the Rajasthan Panchayati Raj Act, 1994 for the purpose of placing the petitioner under suspension. In these circumstances, the order of suspension of the petitioner can be defined in contravention of the Act and Rules, therefore, the order of suspension is set aside. However, the respondents 2 are at liberty to take action against the petitioner for the purpose of taking him under suspension, in the event of framing charges against him by the criminal court or at the time of initiation of enquiry under Section 38 (1) of the Act. Accordingly, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-