In a writ petition challenging promotion fixation as a Head Constable, the Court dismissed the petition for not availing the alternative remedy of an appeal before the Rajasthan Civil Services Appellate Tribunal, granting liberty to do so subsequently.
Writ petition dismissed with liberty to avail the remedy of appeal before the tribunal.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No.18231/2015
Dharampal Garhwal & ors versus State of Rajasthan & ors
9.2.2016
HON'BLE MR. JUSTICE MN BHANDARI
Mr Ajay Gupta – for petitioners
BY THE COURT:
By this writ petition, a challenge is made to wrong fixation on promotion of the petitioners to the post of Head Constable.
An efficacious, alternative remedy lies before Rajasthan Civil Services Appellate Tribunal but without availing the said remedy, this writ petition has been filed. It is mainly on the ground that joint appeal would not be maintainable before the tribunal, however, learned counsel could not show any bar under the rules for filing of joint appeal before the tribunal. In any case, alternative remedy lies before the tribunal. Hence, writ petition is dismissed, however, it is with liberty to the petitioners to avail the remedy of appeal before the tribunal.
(MN BHANDARI), J.
bnsharma
All corrections made in judgment/ order have been incorporated in judgment/ order being emailed.
1 issue framed by the court
Whether an efficacious alternative remedy lies before the Rajasthan Civil Services Appellate Tribunal in a writ petition challenging promotion fixation.
1 provisions across 1 enactments
Dharampal Garhwal & ors
State of Rajasthan & ors
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
