Rajasthan High Court - Jodhpur
Smt. Kamla Saini vs State Of Raj. & Anr on 23 February, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
SBCWP No.11320/2010
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR.
O R D E R
S.B. CIVIL WRIT PETITION No.11320/2010.
Smt.Kamla Saini
Vs.
State of Rajasthan & Anr.
Date of order-: February 23, 2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri H.S. Sidhu for the petitioner.
Shri K.K. Bissa, Additional Government Counsel.
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BY THE COURT:-
This writ petition has been filed by the petitioner assailing the order of suspension dated 15/11/2010 (Ann.P.4) passed by the Divisional Commissioner, Bikaner. This court while issuing notices to the respondents, was persuaded to stay the aforesaid order of suspension.
Learned counsel for the petitioner has argued that this court in Bansidhar Saini Vs. State of Rajasthan & Another : 1988(1) WLN 270 while interpreting Section 17(4A) of the Rajasthan Panchayat Act, 1953, which provision was akin to Section 38(4) of the Rajasthan Panchayat Raj Act, 1994 held, as under:-
"Unless a charge is framed, it cannot be said that any case is pending trial against the petitioner Sarpanch as in warrant cases, before a Magistrate, the proceedings are only inquiries upto the time when the charge is drawn up, read over and explained to the accused. It is only thereafter that the trial begins."
In the present case, petitioner was placed under suspension owing to registration of a SBCWP No.11320/2010 2 criminal case against him for offence u/S.341, 323 and 134 IPC with Police Station Sri-Vijaynagar, District Sri Ganganagar and she was taken into custody but the fact is that she was arrested on 18/7/2010 and she was released on bail on 19/10/2010 and now thereafter she has been discharging her duties in the office of Sarpanch of the Gram Panchayat 6-BLM(A).
The view of the Division Bench of this Court in Bansidhar Saini supra was followed by the co-ordinate bench of this court in Jagdish Chandra Vs. The State of Rajasthan & Ors. : 2004(2) DNJ (Raj.) 605 & Narayan Lal Birla Vs. The State of Rajasthan & Ors. : 1997 DNJ (Raj.) 654.
Learned counsel for the petitioner has produced certified copy of the order dated 11/11/2011 passed by the court of learned Judicial Magistrate (Ist Class) Sri-Vijaynagar, Sriganganagar and argued that so far charges have not been framed against petitioner and therefore even till date, matter cannot be said to be pending trial against petitioner because discharge of the petitioner may terminate the proceedings of prosecution against him.
Learned counsel for the respondents has cited the judgment of this court in Mangi Lal Vs. State of Rajasthan : 2000(1) WLC (Raj.) 567. In that case, a contrary view was taken. That judgment of the Single Bench has not followed the ratio of the Division Bench judgment of this Court in Bansidhar Saini supra.
SBCWP No.11320/2010 3In the circumstances, this Court is persuaded to allow this writ petition, which is accordingly allowed. The impugned-order dated 15/11/2010 (Ann.P.4) passed by the Divisional Commissioner, Bikaner is set-aside. This order will however not preclude the respondents from placing the petitioner under suspension if and when charges are framed against him in the criminal trial.
(MOHAMMAD RAFIQ), J.
anil/120 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed SBCWP No.11320/2010 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR.
O R D E R S.B. CIVIL MISC.STAY APPLICATION No.16782/2010. IN S.B. CIVIL WRIT PETITION No.11320/2010. Smt.Kamla Saini Vs. State of Rajasthan & Anr.
Date of order-: February 23, 2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri H.S. Sidhu for the applicant-petitioner. Shri K.K. Bissa, Government Counsel.
**** BY THE COURT:-
Consequent upon disposal of the writ petition, this stay application does not survive and the same is accordingly rejected.
(MOHAMMAD RAFIQ), J.
anil/120 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed