Writ petition challenging suspension order dismissed as not maintainable. Court held petitioner must avail statutory appeal under Rule 22 of CCA Rules, 1958.
Writ petition dismissed on ground of alternative remedy available under Rule 22 of CCA Rules, 1958.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 521/2022
Sulochna Suman D/o Shri Mahaveer Suman, Aged About 32 Years, R/o Near Sandeepni School, Anwali Road, Nayaganv, Kota, Rajasthan
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ramanuj Sharma For Respondent(s) : Mr. C.L. Saini, AAG through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
14/02/2022
The challenge in the writ petition is to the validity and legality of the order dated 28.10.2021 whereby, the petitioner, a Teacher, has been placed under suspension under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for brevity, “the Rules of 1958”).
Indisputably, the petitioner has an alternative and efficacious remedy of statutory appeal under Rule 22 of the Rules of 1958 against the order of suspension. Learned counsel for the petitioner could not satisfy this Court as to why this Court should entertain his challenge to the order dated 28.10.2021 despite availability of alternative and efficacious remedy. This Court has, in case of
(2 of 2)
[CW-521/2022]
Surendra Kumar Meena Vs. The State of Rajasthan & Ors.,
S.B. Civil Writ Petition No.430/2021, held as under:
“10. Rules 22 and 23 of the Rajasthan Civil Services (CCA) Rules, 1958 provide a forum of preferring an appeal against the order of suspension and against the order passed in departmental enquiry. Since the petitioner has not availed the statutory remedy of filing of an appeal against the order of suspension, the present writ petition seeking quashing of suspension order dated 07/01/2021 is dismissed on the ground of alternative remedy under the Rules.”
A Division Bench of this Court in case of Bhanwar Lal
Nagar & Anr. Vs. The State of Rajasthan and Anr., D.B.
Special Appeal Writ No.107/2020 held as under:
“7.We find no illegality in the findings of the learned Single Judge that the appellants have alternative remedy to challenge their suspension by way of appeal under Rule 22 of the CCA Rules. Appeal against the order of suspension may be filed before the Authority empowered to entertain such an appeal in the given facts of the case.”
In view of the availability of remedy of appeal against the order of suspension, this writ petition is not maintainable.
The writ petition is dismissed accordingly.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/s-262
2 issues framed by the court
Whether a teacher placed under suspension under Rule 13 of the CCA Rules is maintainable despite availability of alternative statutory appeal under Rule 22.
Whether this Court should entertain a writ petition challenging suspension order when alternative efficacious remedy exists.
Colour shows how this judgement treated each authority
Surendra Kumar Meena Vs. The State of Rajasthan & Ors.Relied on¶19
Surendra Kumar Meena Vs. The State of Rajasthan & Ors., S.B. Civil Writ Petition No.430/2021
Bhanwar Lal Nagar & Anr. Vs. The State of Rajasthan and Anr.Relied on¶21
Bhanwar Lal Nagar & Anr. Vs. The State of Rajasthan and Anr., DB. Special Appeal Writ No.107/2020
2 provisions across 2 enactments
Sulochna Suman
State Of Rajasthan
Mahendram Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
