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2025 DAILYLAW 17524 (RAJ)

ROOPESH KUMAR S/O SHRI BACHU SINGH GURJAR v. STATE OF RAJASTHAN

CW/7104/2024 · 2025-02-04

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:4805] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7104/2024 Roopesh Kumar S/o Shri Bachu Singh Gurjar, Aged About 30 Years, Ex. Constable No. 2111, R/o Village Kharera, P.s. Uchchain, District Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Jaipur. 2. Inspector General Of Police, Bharatpur Range, Bharatpur. 3. Superintendent Of Police, District Bharatpur. ----Respondents For Petitioner(s) : Mr.Madan Mohan Mehrishi JUSTICE ANOOP KUMAR DHAND Order 04/02/2025 1. Aggrieved by the order dated 28.09.2023, the petitioner has approached this Court by way of filing this petition under Article 226 of the Constitution of India. 2. Admittedly, the aforesaid impugned order has been passed by the Disciplinary Authority in exercise of its powers contained under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, "the Rules of 1958"), the aforesaid order is appealable under Rule 23 of the Act of 1958, but without availing the alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court by way of filing this petition. [2025:RJ-JP:4805] (2 of 2) [CW-7104/2024] 3. It is the settled proposition of law that whenever alternative efficacious remedy of filing appeal is available to a person, then he cannot be allowed to bypass the jurisdiction of the said authority. 4. In view of the above, the instant petition stands disposed of granting liberty to the petitioner to file statutory appeal under Rule 23 of the Rules of 1958 against the impugned order before the Appellate Authority. 5. In case, such appeal is preferred by the petitioner within a period of one month from today, it is expected from the Appellate Authority to decide the same expeditiously as early as possible, after affording due opportunity of hearing to all the respective parties, ignoring the period of limitation. 6. All applications (pending, if any) also stand dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma/24