Rajasthan Panchayati Raj Act, 1994–Secs. 38 & 78–Rajasthan Municipalities Act, 2009–Sec. 39–Petitioner-Sarpanch engaged three employees in Panchayat–Whether the alleged act of the petitioner amounts to misconduct warranting the initiation of proceedings u/s. 38 of the Act or u/s. 39 of the Act of 2009 ?–A plain reading of Section 78(1)(b) of the Act shows that the word “may” was intended to grant Gram Panchayats the authority to appoint staff when necessary, but it does not absolve them from obtaining prior approval–While serving as Sarpanch, petitioner did not obtain the requisite prior approval from the Panchayat Samiti–No post facto approval was ever granted by the Panchayat Samiti for these appointments–Whether such engagement without approval constitutes misconduct or mere irregularity, has to be decided in a regular inquiry–Plea of the petitioner that the alleged act does not constitute misconduct, cannot be adjudicated by this Court in writ jurisdiction under Art. 226.
