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2025 DAILYLAW 14180 (RAJ)

RAM CHANDRA KULHERI v. STATE OF RAJ AND ORS

CW/7158/2008 · 2025-03-20

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:12878] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7158/2008 Ram Chandra Kulheri S/o Sh. Narayan Singh, aged about 54 years, R/o 1-CHA-2, Housing Board, District Jhunjhunu. ----Petitioner Versus 1. The State of Rajasthan through Secretary, Local Self Department, Secretariat, Jaipur. 2. The Dy. Secretary and Director, Directorate of Local Bodies, Near Civil Lines Phatak, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 7253/2008 Ram Chandra Kulheri S/o Sh. Narayan Singh, aged about 54 years, R/o 1-CHA-2, Housing Board, District Jhunjhunu. ----Petitioner Versus 1. The State of Rajasthan through Secretary, Local Self Department, Secretariat, Jaipur. 2. The Dy. Secretary and Director, Directorate of Local Bodies, Near Civil Lines Phatak, Jaipur. ----Respondents For Petitioner(s) : Mr. Sushil Pujari For Respondent(s) : Ms. Poonam Yadav for Mr. Neeraj Batra, GC JUSTICE ANOOP KUMAR DHAND Order 20/03/2025 1. By way of filing these instant writ petitions, a challenge has been made to the impugned punishment order dated 17.04.2008 passed by the respondents in exercise of the powers contained under Rule 16 of the Rajasthan Civil Services (Classification, [2025:RJ-JP:12878] (2 of 2) [CW-7158/2008] Control & Appeal) Rules, 1958 (for short ‘Rules of 1958’) by which the petitioner has been punished with penalty of stoppage of one annual grade increment with cumulative effect. 2. Admittedly, the aforesaid order is appealable under Rule 23 of the Rules of 1958 but without availing the alternative statutory remedy of filing appeal under Rule 23, the petitioner has straightaway approached this Court. 3. It is the settled proposition of law, whenever an alternative statutory remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority. 4. In view of the above, these instant writ petitions stand disposed of, granting liberty to the petitioner to file statutory appeal under Rule 23 of the Rules of 1958 against the impugned order dated 17.04.2008 before the statutory appellate authority. In case, such appeal is preferred by the petitioner within a period of one month from today, it is expected from the authority concerned to hear and decide the same expeditiously, preferably within a period of three months thereafter, ignoring the period of limitation and after affording due opportunity of hearing to both the parties. 5. All pending application(s), if any, also stand disposed of. 6. Since the petitioner is not aware about passing of this order, Office is directed to send a copy of this order on the residential address of the petitioner mentioned in the array of cause title for his intimation and information. (ANOOP KUMAR DHAND),J GARIMA /108-109