[2025:RJ-JP:6369] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.411/2025 Prabhudayal Gurjar S/o Shri Chhotu Ram Gurjar, Aged About 58 Years, R/o Village Dubli, Post Madhogarh, Tehsil Tunga, District Jaipur (Rajasthan). ----Petitioner Versus 1. The State Of Rajasthan, Through Additional Chief Secretary To Government, Education Department, Secretariat, Jaipur (Rajasthan). 2. The Director, Secondary Education, Directorate, Education Department, Bikaner (Rajasthan). 3. The District Education Officer (Hq), Secondary, Jaipur, Distt. Jaipur (Rajasthan). 4. Shri Manna Ram Meena (Inquiry Officer), Chief District Education Officer Cum-Paden District Project Coordinatior, Samagra Shiksha Abhiyan Dausa, Rajasthan School Shiksha Parishad, District Dausa (Rajasthan). ----Respondents For Petitioner(s) : Mr. S.K. Singodiya JUSTICE ANOOP KUMAR DHAND Order 13/02/2025 1. Aggrieved by the order dated 20.12.2024 passed by the Director, Secondary Education, the instant writ petition has been preferred under Article 226 of the Constitution of India. 2. By passing the order impugned, the respondents have dismissed the petitioner from service in exercise of powers contained under Section 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”). 3. Learned counsel for the petitioner submits that the Inquiry Officer was biased and because of the biasness and on account of [2025:RJ-JP:6369] (2 of 2) [CW-411/2025] malafides, the order impugned has been passed, which has resulted in violation of principles of natural justice. Learned counsel submits that the age of the superannuation of the petitioner is reaching near and he is going to retire. Learned counsel submits that though an alternative remedy of filing an appeal is there but disposal of appeal would take time, hence under these circumstances, the petitioner has approached this Court by way of filing this writ petition. 4. Admittedly, the order impugned has been passed under Rule 16 of the Rules of 1958 and the same 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. It is settled proposition of law whenever alternative statutory appeal is available to the person, he/she cannot be allowed to bypass the jurisdiction of the said authority. 5. 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 appropriate appellate authority. 6. Stay application as well as all pending applications, if any, stand disposed of. 7. In case, such an 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, preferably within a period of three months, after ignoring the period of limitation. (ANOOP KUMAR DHAND),J Karan/11