This is a one-line order where the Hon'ble High Court of Rajasthan dismissed a writ petition challenging a promotion order as not maintainable due to the availability of the alternate remedy of approaching the Rajasthan Civil Services Appellate Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7426/2020
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Punit Singhvi For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
(2 of 2)
[CW-7426/2020]
Order
21/10/2020
Defect pointed out by the registry is waived.
Heard.
The petitioner, by way of the present writ petition, has challenged the promotion order passed by the department.
Keeping in view the law, which has been settled by this Court that the first Court for challenge to promotion would be the Rajasthan Civil Services Appellate Tribunal (hereinafter referred to as “the Tribunal”).
While allowing the petitioner to file an appeal before the Tribunal, this writ petition is held to be not maintainable at this stage. The same is accordingly dismissed on the ground of availability of alternate remedy. It is, however, made clear that if an appeal is preferred, the same shall be decided expeditiously but not later than eight months.
Anu /3
1 issue framed by the court
Whether a writ petition challenging a departmental promotion order is maintainable when an alternative remedy exists.
Suwalal Meena and others
State Of Rajasthan and others
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
