SHRI RAMESHWAR PRASAD MEGH S/O MATHURALAL v. THE STATE OF RAJASTHAN
CW/1783/2025 · 2025-02-20
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35823 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35823 (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. 1783/2025 Shri Rameshwar Prasad Megh S/o Mathuralal, R/o 2-L-16 Talwandi P.s. Jawahar Nagar Kota, Rajasthan. ----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Secondary Education, Bikaner, District- Bikaner, Rajasthan
3. The Director, Elementary Education, Bikaner, District- Bikaner, Rajasthan
4. The District Education Officer, Headquarters (Secondary/elementary), Regional Office, District- Kota. ----Respondents For Petitioner(s) : Mr. Pallav Sharma For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 20/02/2025
1. The instant petition has been preferred against the impugned order dated 10.12.2024 passed by the respondents in exercise of powers contained under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958'), by which the petitioner has been dismissed from service.
2. Counsel for the petitioner submits that a charge-sheet under Rule 16 of the Rules of 1958 was served upon the petitioner way back in the year 2017 and the disciplinary
(2 of 2) [CW-1783/2025] proceedings proceeded like a snail's pace and now, the same has been completed after a lapse of more than seven years and the order impugned has been passed.
3. Admittedly, the aforesaid order is appealable under Rule 23 of the Rules of 1958, but without availing alternative statutory remedy of filing appeal, the petitioner has approached this Court by way of filing this petition.
4. It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of Appellate 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..
6. In case, any appeal is submitted by the petitioner before the Appellate Authority within a period of one month from today, the Appellate Authority is expected to hear and decide the same expeditiously as early as possible, after affording due opportunity of hearing to all the respective parties, strictly in accordance with law, preferably within a period of three months thereafter, ignoring the period of limitation.
7. Stay application and all applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J KuD/9