Rajasthan Panchayati Raj Act, 1994 – s.38(1) – Removal and Suspension of a member of Panchayati Raj Institution – FIR was registered against the appellant-Sarpanch – Allegations that appellant along with others committed the offence of house trespass and even started indiscriminate firing that has resulted in the injuries on several parts of the body of the complainant – High Court granted bail to appellant – Preliminary enquiry initiated u/s.38(1) of the Rajasthan Panchayati Raj Act read with r.22(2) of the Rajasthan Panchayati Raj Rules – Appellant suspended pending the enquiry – Held : The proceedings in the criminal case would not weigh at the stage in determining the conduct of the appellant – Suspension of the appellant cannot continue in ad infinitum manner when it has not to await any criminal proceedings – Necessity to bring an end to proceedings initiated u/s.38(1) of the Rajasthan Panchayati Raj Act, 1994 at the earliest – It will be for the respondent(s) to establish the charge against the appellant de hors the registration of the FIR on the principles of such proceedings and not on the principles of criminal proceedings of proof beyond reasonable doubts – Rajasthan Panchayati Raj Rules – r.22(2). Disposing of the appeal, the Court
HELD:1. The grant of bail is only as a result of investigations being complete and if one takes the bail order as a reason for no prima facie case, it would put the law on its head more. [Para 4][117-A-B]
2. The own stand of the respondent is that the action is based on the enquiry held by the concerned officer in pursuance to the FIR. The sequiter would be that the proceedings in the criminal case would not weigh at the stage in determining the conduct of the appellant but would be dependent on the material presented before the competent authority against the appellant. The suspension can also not continue in an ad infinitum manner, more so, when it has not to await any criminal proceedings. [Para 11][118-E-F]
3. It is necessary to bring an end to the proceedings initiated under Section 38(1) of the Rajasthan Panchayati Raj Act, 1994 at the earliest and it is stated that the pleadings are complete. Thus, Respondent should conclude the proceedings on or before 30th April, 2022 and it will be the bounden duty of the appellant to cooperate with those proceedings so as not to delay the same. The suspension order would continue to be operational till 30th April, 2022 alone. It will be for the respondent(s) to establish the charge against the appellant de hors the registration of the FIR on the principles of such proceedings and not on the principles of criminal proceedings of proof beyond reasonable doubts [Paras
12 and 13][118-G-H; 119-A]
Ajit Singh & Anr. v. Financial Commissioner and Secretary to Government and Anr., (2009) 16 SCC 308 – held inapplicable.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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