CW 1895/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1895/2009 Rampyari Devi Khatik Versus State & Ors. Date of Order ::: 20/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Sunil Kr. Singodia, for petitioner Instant petition has been filed assailing order dt.21/07/08 (Ann.4), by which petitioner has been declared dis-qualified to continue as Sarpanch on account of allegations imputed against her in exercise of powers U/Ss 38 read with 39(2) of Rajasthan Panchayatiraj Act, 1994 (“the Act”). Petitioner was served with charge sheet and inquiry was held U/r 22(2) of Rajasthan Panchayatiraj Rules, 1996 (“Rules, 1996”) and after inquiry being conducted by Executive Engineer, and after service of notice, she denied all the allegations, which were inquired into by Addl. Chief Executive Officer, who conducted detailed inquiry and held her guilty and before the authority arrived at final conclusion for taking action against her for removal after the charges being found proved, notice dt.17/07/08 (Ann.2) was also served U/S 38 read with S.39(1) (b) of the Act, to which reply was submitted by petitioner pointing out factual error/finding CW 1895/09 //2// recorded in course of inquiry, besides further request that she may be given further opportunity for her defence. After taking into consideration record of inquiry and her explanation, she was held guilty by the authority in exercise of powers U/S 38 read with S.39(2) of the Act, and finally she was declared disqualified to continue as Sarpanch of Gram Panchayat vide order dt.21/07/08 (Ann.4). Counsel submits that inquiry was not conducted in accordance with R.22 of Rules, 1996 which clearly contemplates that Chief Executive Officer alone was competent to hold preliminary inquiry, while in case of petitioner, inquiry was conducted by an officer other than Chief Executive Officer; as such very initiation of inquiry pursuant to charge sheet is bad in law; as a consequence whereof, final order cannot be said to be legally sustainable. Counsel further submits that even on merits also, charges have not been proved; in such circumstances, powers exercised U/Ss 38 & 39 (2) of the Act is wholly arbitrary and in violation of Art. 14 of the Constitution of India. In the opinion of this Court, both the submissions made by Counsel are bereft of merit CW 1895/09 //3// for the reason that U/r 22 of Rules, 1996, inquiry can be conducted by Chief Executive Officer or any other officer to conduct preliminary inquiry and the report is sent to the State Government; as such merely because of inquiry being not conducted by Chief Executive Officer, that would not vitiate final action. As regards submissions made with regard to merits of charges, the authority under order impugned has examined in details and concurred with finding recorded in inquiry report and came to conclusion that alleged misconduct is found proved and after holding petitioner guilty, exercised powers to remove her from Sarpanch of Gram Panchayat Khera Bar, Ramgarh, Panchayat Samiti, Gangapur City. This court does not find any error or illegality which may call for interference in the order impugned. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/1895CW09Fb20Pnch.doc