// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9243/2008 Birma W/o Shri Ram Charan Yadav Versus State of Rajasthan and Others Date of Order ::: 08.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Dinesh Yadav, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. This writ petition, on behalf of the petitioner, is directed against the impugned order dated 21st August, 2008 passed by the Additional Divisional Commissioner, Jaipur Division, Jaipur, whereby a recommendation under Section 38(1)(b) of the Rajasthan Panchayati Raj Act, 1994 has been made against the petitioner to record finding against her. The learned counsel for the petitioner submits that from the enquiry-report dated 1st August, 2008 made by the Additional Chief Executive Officer, Zila Parishad, Alwar, it is clear that the so-called irregularities were found having committed by the Secretary and not by the petitioner. In these circumstances the // 2 // Additional Divisional Commissioner committed an illegality in recommending the case against the petitioner for recording findings to the State Government. I have examined the submissions of learned counsel for the petitioner and, after considering the same, I find that vide order dated 21st August, 2008 the Additional Divisional Commissioner has only sent its recommendation to the State Government. The final order is yet to be passed by the State Government. In these circumstances, the petitioner should make a representation before the Secretary to the Government-cum- Commissioner, Rural Development & Panchayat Raj Department, Rajasthan, Jaipur, in the matter. In case the representation is made by the petitioner within a period of one week from today then the same will be considered by the State before passing final order in the matter against the petitioner. With the aforesaid observations, the writ petition stands disposed of. (Narendra Kumar Jain) J. //Jaiman//