ASHISH KUMAR S/O LATE SHRI UMMED SINGH v. THE STATE OF RAJASTHAN
CW/2215/2025 · 2025-02-11
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6464 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6464 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:5902] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2215/2025 Ashish Kumar S/o Late Shri Ummed Singh, Aged About 28 Years, R/o Village And Post Kuloth Kalan, Police Station Surajgarh, District Jhunjhunu (Raj.) ----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur.
2. The Commissioner Of Police, Police Commissionerate, Jaipur Metropolitan, Jaipur.
3. The Deputy Commissioner Of Police, Police Headquarter, Commissionerate, Jaipur. ----Respondents For Petitioner(s) : Mr.Dharamveer Tholia .JUSTICE ANOOP KUMAR DHAND
Order 11/02/2025
1. Aggrieved by the impugned order dated 13.03.2023 passed by the Deputy Commissioner of Police, Police Headquarters, the petitioner has approached this Court by way of filing of this writ petition.
2. By-passing the impugned order dated 13.03.2023, the petitioner has removed from services by the respondents in exercise of the powers contained under Rules 16 & 18 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, ‘the Rules of 1958’).
3. Aggrieved by the aforesaid order, the petitioner has submitted statutory appeal under Rule 23 of the Rules of 1958
[2025:RJ-JP:5902] (2 of 2) [CW-2215/2025] before the statutory Appellate Authority, when the said appeal is not decide by the Appellate Authority, the petitioner send a notice for demand of justice on 21.10.2024, but no heed has been paid by the Appellate Authority, hence under these circumstances, the petitioner has approached this Court by way of filing this petition, challenging the impugned order dated 13.03.2023.
4. It is a settled proposition of law that a person cannot be allowed to avail two parallel remedies simultaneously against the same impugned order; one before the Appellate Authority and another before this Court. Once the petitioner has approached the Appellate Authority by way of filing appeal, he cannot be allowed to file instant petition with regard to the same prayer, which has been made before the Appellate Authority.
5. In view of the above, the instant writ petition stands
disposed of by issuing directions to the statutory Appellate Authority to decide the appeal (pending, if any), expeditiously as early as possible, preferably within a period of two months from the date of receipt of certified copy of this order, strictly in accordance with law.
6. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /12