[2025:RJ-JP:14833] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 50/2017 Dr. Hari Singh, Son of Shri Bhagwan Singh, Ayurved Chikitsadhikari, Government Ayurved Hospital, Neem-Ki-Dhani Jhunjhunu ----Petitioner Versus The State of Rajasthan, through the Director, Ayurved Department, Government of Rajasthan, Ajmer ----Respondent For Petitioner(s) : Mr.Amit K. Dikshit on behalf of Mr.Prahlad Singh For Respondent(s) : Mr.Saumitra Chaturvedi, Dy.GC. JUSTICE ANOOP KUMAR DHAND Order 02/04/2025 1. By way of filing this writ petition, a challenge has been made to the impugned order dated 25.11.2016 passed by the respondent by which the petitioner has been punished with penalty of stoppage of two annual grade increment without cumulative effect, in exercise of their power contained under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958'). 2. 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 straightaway approached this Court by way of filing this petition. 3. It is the settled proposition of law that whenever alternative statutory remedy of filing appeal is available to a person, he [2025:RJ-JP:14833] (2 of 2) [CW-50/2017] cannot be allowed to by-pass the jurisdiction of Appellate 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. 5. In case, any appeal is preferred by the petitioner before the Appellate Authority within a period of one month from today, it is expected from the Appellate Authority to hear and decide the same expeditiously as early as possible on its merits, 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. 6. Stay application and all applications (pending, if any)also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /126