1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8078/2007 (Kalu Singh Vs. State & Ors.) Date of order : 11.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. R.S. Saluja, for the petitioner. Mr. Alkesh Agarwal, Dy. Govt. Counsel. Heard learned counsel for the parties. It is contended by learned counsel for the petitioner that the order impugned has been passed by the incompetent authority, who was not having any jurisdiction to pass the said order of disqualification of the petitioner in view of the judgment rendered by Coordinate Bench of this Court in case of Ram Singh Rajpurohit Vs. State of Raj. & Ors., reported in 2008 (2) CDR 911 (Raj.) in which it has been held that Divisional Commissioner was not competent to pass an order under Section 38 of the Rajasthan Panchayati Raj Act, 1994 for disqualification at the relevant time. Learned Dy. Govt. Counsel does not dispute 2 this position. However, it is prayed that a liberty may be granted to hold fresh enquiry into the charge of misconduct levelled against the petitioner accordance with law. Accordingly, this writ petition is disposed of in terms of the judgment passed by Coordinate Bench of this Court in case of Ram Singh Rajpurohit (supra). The impugned order dated 16.7.2007 Annexure-22 and order dated 5.10.2007 Annexure-23 are hereby quashed and set aside with the liberty to the respondents to hold fresh inquiry into the charges of misconduct levelled against the petitioner. (GOPAL KRISHAN VYAS), J. arun