CW 1353/10 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1353/10 Durga Lal Prajapat Versus State & Ors. DATE OF ORDER : 22/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ramesh Kumawat, for petitioner *** Petitioner was ex-Sarpanch of Gram Panchayat, Girwarpura, Panchayat Samiti, Kekri, Ajmer. Against him an inquiry was conducted for the alleged misconduct which he committed in discharge of duties provided u/s.38(1)(b) of Rajasthan Panchayati Raj Act, 1994. On the objection being raised by audit party for the financial year 2004-05 in which he was held to be guilty and taking note thereof, the Divisional Commissioner vide order dt.25th November, 2009 in exercise of power u/s.38(1)(b) of the Act, 1994, held him guilty and ordered to make recovery against him. Counsel submits that finding recorded is not duly supported by material on record and the allegations are mere irregularities which have been considered to be a misconduct in discharge of his duties. In such circumstances, the order impugned passed by the Divisional Commissioner dt.25th November, 2009 cannot be said to be legally sustainable. CW 1353/10 [2] Submission made by Counsel is without substance for the reason that inquiry as provided under the Act was conducted by the authority and finally he was served with the notice and copy of inquiry report and other relevant material provided under the Rules. The Divisional Commissioner after affording opportunity of hearing and examining the record, upheld the finding of the inquiry officer holding him guilty and finally on action being approved, the recovery has been ordered to be made under the order impugned dt.25th November, 2009. This court does not find any manifest error being committed by the authority in passing order impugned which may call for interference. Consequently, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA1353CW10 22-03.doc