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2025 DAILYLAW 35059 (RAJ)

AMIT KUMAR S/O SHRI RAJJAN SINGH v. STATE OF RAJASTHAN

CW/19362/2024 · 2025-02-03

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19362/2024 Amit Kumar S/o Shri Rajjan Singh, aged about 46 Years, Resident of Village Ludhawai, Tehsil Sewar, District Bharatpur. ----Petitioner Versus 1. State of Rajasthan, Through Principal Secretary, Home Department, Government of Rajasthan, Secretariat, Jaipur. 2. The Director General of Police, Government of Rajasthan, Police Headquarter, Rajasthan Jaipur. 3. The Superintendent of Police, Government of Rajasthan, Kota City, Kota. ----Respondents For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : Mr. Bhuwnesh Sharma-AAG with Ms. Sunita Meena-Asstt.G.C. JUSTICE ANOOP KUMAR DHAND Order 03/02/2025 1. In the instant writ petition, the order of penalty of censure passed by Superintendent of Police, Kota is under challenge. 2. Admittedly, the said order dated 28.07.2006 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 alternative statutory remedy of filing appeal, the petitioner has approached this Court straightaway bypassing the jurisdiction of the Appellate Authority. (2 of 2) [CW-19362/2024] 3. It is settled proposition of law whenever alternative remedy of filing appeal is available with a person, he 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 under Rule 23 of the Rules of 1958. In case, such appeal is submitted by the petitioner before the Appellate Authority within a period of fifteen days from today, it is expected from the Appellate Authority to decide the same expeditiously as early as possible, preferably within a period of six weeks. 5. Stay application and all pending application (s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/11