// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.10285/2008 Ramesh Chand Kumawat S/o Shri Sita Ram Kumawat Versus State of Rajasthan and Another Date of Order ::: 19.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Hanuman Choudhary, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The petitioner has preferred this writ petition against the impugned order dated 9th September, 2008 (Annexure-5) whereby the Divisional Commissioner has made a recommendation against the petitioner to declare him disqualified. The learned counsel for the petitioner argued that the petitioner was not heard by the Enquiry Officer during the enquiry and now he has every apprehension that, without hearing to him, the order of disqualification may be passed against him, therefore, the impugned order is liable to be set-aside. I have considered the submissions of the learned counsel for the petitioner. // 2 // The apprehension of the petitioner that only on the basis of recommendation of the Divisional Commissioner and without hearing him under Section 38 of the Rajasthan Panchayat Raj Act, is not tenable. The Divisional Commissioner has only made a recommendation to declare the petitioner as disqualified, vide order dated 9th September, 2008, but, as per the provisions of Section 38 of the Act, he cannot be removed without any notice to the petitioner. The petitioner should make a proper representation before the State Government raising all his grievances. In view of the aforesaid observations, I am not inclined to entertain this writ petition being premature at this stage and the same is accordingly dismissed. (Narendra Kumar Jain) J. //Jaiman//