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2025 DAILYLAW 29227 (RAJ)

RAJENDRA KUMAR S/O LATE SHRI CHIMAN LAL v. THE DISCIPLINARY AUTHORITY CUM DISTRICT AND SESSION JUDGE

CW/14498/2023 · 2025-03-03

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:9263] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14498/2023 Rajendra Kumar S/o Late Shri Chiman Lal, Aged About 46 Years, R/o Ward No. 16, Raigar Mohalla, Tehsil Surajgarh, District Jhunjhunu (Raj.), presently dismissed from service from post of Sherishtedar-III. ----Petitioner Versus The Disciplinary Authority Cum District And Session Judge, Jhunjhunu. ----Respondent For Petitioner(s) : Mr. Hanuman Choudhary For Respondent(s) : Mr. G.S. Gill, AAG with Mr. S.P. Singh Rajawat, Asst. GC JUSTICE ANOOP KUMAR DHAND Order 03/03/2025 1. By way of filing the instant writ petition, a challenge has been made to the impugned order dated 08.09.2023 passed by the District & Session Judge, Jhunjhunu (Raj.) in exercise of its powers contained under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short ‘Rules of 1958’) by which the petitioner has been dismissed from service. 2. Admittedly, the aforesaid order is appealable under Rule 23 of the Rules of 1958, but without availing the alternative statutory remedy of filing an appeal before the Statutory Appellate Authority, the petitioner has straightaway approached this Court by way of filing of this writ petition. [2025:RJ-JP:9263] (2 of 2) [CW-14498/2023] 3. It is settled proposition of law that whenever alternative statutory remedy of filing appeal is available to a person, he/she cannot be allowed to bypass 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 before the Appellate Authority. 5. In case, such appeal is submitted by the petitioner within a period of one month from today, the Appellate Authority is expected to hear and decide the same on its merits, expeditiously as early as possible, ignoring the period of limitation. 6. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J GARIMA /135