SHANKAR LAL MEENA SON OF SHRI BHONRI LAL MEENA v. STATE OF RAJASTHAN
CW/819/2025 · 2025-02-11
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2869 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2869 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 819/2025 Shankar Lal Meena Son of Shri Bhonri Lal Meena, aged about 50 Years, Resident of Village Post Balyawala, Tehsil- Bassi, District - Jaipur (Raj.). ----Petitioner Versus
1. State of Rajasthan, Through Director, Rural Development and Panchayati Raj Department, Government of Rajasthan, Secretariat, Jaipur (Raj.).
2. Chief Executive Officer, Zila Parishad Jaipur (Raj.).
3. Block
Development
Officer,
Panchayat
Samiti Jamwaramgarh, District - Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Anil Kumar Sharma Ms. Saroj Singh For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 11/02/2025
1. Aggrieved by the order dated 10.10.2022 passed by the respondents under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, ‘the Rules of 1958’) the petitioner has approached this Court
2. By passing the aforesaid order, the authorities treated the petitioner’s absence period as deemed to have resigned from service.
3. Admittedly, the aforesaid order is appealable under Rule 23 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958 (for short, ‘the Rules of 1958’) but without availing the
(2 of 2) [CW-819/2025] alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court bypassing the jurisdiction of the Appellate Authority.
4. It is settled proposition of law whenever alternative remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority.
5. 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 Appellate Authority. In case, such appeal is submitted by the petitioner before the Appellate Authority within a period of one month from today, it is expected from the Appellate Authority to decide the same expeditiously, strictly in accordance with law after providing due opportunity of hearing to the other side, ignoring the period of limitation.
6. Stay application and all pending application (s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/20