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2026 DAILYLAW 2352 (RAJ)

ASHOK KUMAR MEENA S/O SHRI MURARI LAL MEENA v. STATE OF RAJASTHAN

CW/6851/2026 · 2026-04-24

Munnuri Laxman

body2026

Judgment text

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[2026:RJ-JP:17381] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6851/2026 Ashok Kumar Meena S/o Shri Murari Lal Meena, Aged About 47 Years, Resident Of A-12, Jda Staff Colony, Haldi Ghati Marg, Pratap Nagar, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. 2. The Deputy Secretary, Medical And Health (Group-2), Department, Government Secretariat, Jaipur. 3. The Commissioner, Food Safety And Drug Controller, Wing, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. 4. The Deputy Director, Drug Testing Laboratory, Sethi Colony, Mandir Marg, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 24 /04/2026 1. With the consent of learned counsel for the parties, the writ petition is heard for final disposal at the admission stage itself. 2. The present writ petition has been filed by the petitioner challenging the order dated 17.02.2026 (Annexure-21), whereunder the respondent authority imposed a penalty of withholding two annual increments without cumulative effect. 3. Learned counsel for the respondents submitted that there is a statutory appeal provided under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958; and that, without availing such statutory remedy of appeal, the petitioner has approached this Court. [2026:RJ-JP:17381] (2 of 2) [CW-6851/2026] 4. Learned counsel for the petitioner submitted that the order imposing penalty suffers from perversity and that merely because an alternative remedy is provided under the rules, the writ petition cannot be dismissed. 5. This Court finds that when the statute provides an effective remedy of appeal, this Court is not inclined to interfere in the matter on account of the availability of such remedy. 6. In the result, the writ petition is disposed of, granting liberty to the petitioner to file an appeal before the appropriate forum. If any such appeal is filed and it is in order, the same shall be disposed of within a period of three months. 7. All pending applications, if any, shall stand disposed of. (MUNNURI LAXMAN),J 108 - BhumikaP/-