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Pankaj Mittal vs. State of Rajasthan & Ors.

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Rajasthan Panchayati Raj Act, 1994–Sec. 38–Suspension of petitioner-Sarpanch as he was caught in ACB trap case accepting the bribe–Govt. has the power to suspend the member of a Panchayati Raj Institution against whom an enquiry has been initiated u/s. 38(1) or against whom any criminal proceedings for an offence involving moral turpitude are pending trial in a Court of law–As per communication dated 18.09.2020, the petitioner was required to remain present in connection with the complaint received against him of being involved in a trap case–Enquiry envisaged u/s. 38(1) has been initiated–Single Judge rightly dismissed the petition.