[2025:RJ-JP:11888] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8861/2009 Mahaveer Prasad Chauhan S/o Shri Manak Chand, Manak Bhawan, Chawani, Kota. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Medical And Health Department, Secretariat, Jaipur 2. The Director, Medical and Health Services, Jaipur. 3. Chief Medical and Heaalth Officer, Baran. 4. Smt. Shyamla T S, A.N.M., Primary Health Center, Kotri, Tehsil Chhabra, District Baran. ----Respondents For Petitioner(s) : Mr.Sandeep Saxena with Mr.Bhuwnesh Tiwari Ms.Neha Swami For Respondent(s) : Mr.Prakhar Jain for Mr.Archit Bohra, Addl.GC. JUSTICE ANOOP KUMAR DHAND Order 17/03/2025 1. By way of filing of this writ petition, a challenge has been led to the impugned order dated 19.02.2009 by which the petitioner has been dismissed from service by the respondents in exercise of their powers contained under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, “the Rules of 1958”). 2. Admittedly, the said order dated 19.02.2009 is appealable under Rule 23 of the Rules of 1958, but without availing the alternative statutory remedy of filing appeal, the petitioner has [2025:RJ-JP:11888] (2 of 2) [CW-8861/2009] approached this Court, straightaway by-passing the jurisdiction of the Appellate Authority. 3. It is settled proposition of law whenever alternative remedy of filing appeal is available with a person, he cannot be allowed to by-pass the jurisdiction of the said 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. In case, such appeal is submitted by the petitioner before the Appellate Authority within a period of fifteen days from today, it is expected from the Appellate Authority to decide the same expeditiously as early as possible, preferably within a period of three months. 5. Stay application and all pending application (s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /102