SURESH KUMAR SON OF SHRI BHAGIRATH MAL v. STATE OF RAJASTHAN
CW/3812/2025 · 2025-03-20
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11115 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11115 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:12644] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3812/2025 Suresh Kumar Son Of Shri Bhagirath Mal, Aged About 35 Years, Resident Of Village Manasi, Post Deenwajatan, Tehsil Laxmangarh, District Sikar. ----Petitioner Versus
1. State Of Rajasthan, Through Its Additional Chief Secretary, Forest And Environment Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Principal Chief Conservator Of Forests, Government Of Rajasthan, Jaipur.
3. Deputy Conservator Of Forest, Forest Division Suratgarh, District Sri Ganganagar.
4. Director General, Rajasthan State Forest Development Corporation Limited, Regional Office, Suratgarh, Badopal Road, Gfc Colony, Suratgarh District Sri Ganganagar. ----Respondents For Petitioner(s) : Mr.Dilip Singh Kurka JUSTICE ANOOP KUMAR DHAND
Order 20/03/2025
1. By way of filing this writ petition, a challenge has been made to the impugned order dated 30.01.2025 passed by the respondents under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958'), by which the petitioner has been punished with penalty of stoppage of two annual grade increment along-with recovery of Rs.60,311/-.
[2025:RJ-JP:12644] (2 of 2) [CW-3812/2025]
2. Admittedly, the aforesaid order is appealable under Rule 23 of the Rules of 1958, but without availing alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court by way of filing this petition.
3. It is the settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to by-pass the jurisdiction of Appellate Authority.
4. In view of the above, the instant writ petition stands
disposed of granting liberty to the petitioner to file statutory appeal under Rule 23 of the Rules of 1958 before the statutory Appellate Authority.
5. In case, any appeal is preferred by the petitioner before the Appellate Authority within a period of one month from today, it is expected from the Appellate Authority to hear and decide the same expeditiously as early as possible, after affording due opportunity of hearing to all the respective parties, strictly in accordance with law, preferably within a period of three months thereafter, ignoring the period of limitation.
6. Stay application and all applications (pending, if any)also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma/14