The High Court dismissed a writ petition challenging the petitioner's dismissal from service, holding that since an alternative remedy was available, the writ application could not be entertained.
The writ application stands dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 7475 of 2017
Sanjiv Khawas..…................ Petitioner
Versus
Coram: Hon’ble Mr. Justice Ananda Sen
For the Petitioner : Mr. Pradeep Kumar, Advocate For the Respondents : Mr. Prabhat Kr. Sinha, Advocate
The petitioner, in this writ application, has challenged the order by which the Disciplinary Authority has dismissed the petitioner.
The petitioner was a Constable in Jharkhand Armed Police-1, Doranda, Ranchi. He was dismissed from service on 22.07.2009. He has directly approached this Court without filing a departmental appeal.
Since, there is provision of alternative remedy available to the petitioner, I am not inclined to entertain this writ application. The petitioner, if so advised, may file an appeal, which will be considered as per law. If the petitioner files any application for condonation of delay with cogent reason, it will be open to the Appellate Authority to consider the same also.
With the aforesaid observation and direction, this writ application stands dismissed.
( Ananda Sen, J )
Mukund/-cp. 2
1 issue framed by the court
Whether a writ application challenging dismissal from service should be entertained when an alternative remedy is available.
Sanjiv Khawas
State of Jharkhand
Director General-cum-I.G. of Police, Ranchi
Additional Director General of Police, Ranchi
Deputy Inspector General of Police, Ranchi
Commandant, JAP-1, Doranda
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
