Dismissed

Sumer Singh S/O Hari Singh v. the G.O.C (Patron, Hq, 61 Sub Area, Ex- Servicemen Canteen, Org.)

Rajasthan HC14 Aug 2024CW/12772/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed without exhausting the alternative remedy of statutory appeal, holding such remedy mandatory. Liberty granted to file the appeal.

What did the court decide?

The petition stood dismissed on the ground of non-availed alternative remedy. Grant of liberty to file statutory appeal within one month.

Sumer Singh S/O Hari Singh Vs the G.O.C (Patron… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:34677]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 12772/2024

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Sumer Singh S/o Hari Singh, R/o Plot Number 30, Kishan Vatika, Badhana Road, Jodla Power House, Road No. 14, Sikar Road, Jaipur 302013.

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----Petitioner

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Versus

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The G.O.C (Patron, HQ, 61 Sub Area, Ex- Servicemen Canteen, Org.), Military Station Jaipur Cantt, Pin908661, C/o 56 APO.

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Chairman, (HQ, 61 Sub Area, Esm Canteen, Organization), Military Station, Jaipur Cantt, Pin- 908661, C/o 56 APO.

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Officiating Chairman (HQ, 61 Sub Area, Esm Canteen), Organization Military Station, Jaipur Cantt, Pin- 908661, C/o 56 APO.

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----Respondents

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For Petitioner(s)	: Mr.	Saurabh Yadav
For Respondent(s)	: Mr.	Rakesh Choudhary
	Mr.	Yogendra Singh

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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14/08/2024

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Admittedly, the order dated 06.03.2024 passed by the respondents is appealable before the Statutory Appellate Authority, but without availing the alternative remedy of filing the appeal before the Statutory Appellate Authority, the petitioner has approached this Court straightway by passing the jurisdiction of the Appellate Authority.

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It is well settled proposition of law that whenever an alternative efficacious remedy of filing the appeal is available with

[2024:RJ-JP:34677]

[CW-12772/2024]

(2 of 2)

a person, he cannot be allowed to by pass the jurisdiction of the Appellate Authority.

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In view of the above, the instant petition stands dismissed on this count alone, granting liberty to the petitioner to file statutory appeal before the Appellate Authority. In case, the appeal is filed by the petitioner within a period of one month from today, the Appellate Authority is expected to decide the same expeditiously, within a period of three months strictly in accordance with law, after providing the opportunity of hearing to all the respective parties.

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Stay application and all pending application(s) (if any) also stands dismissed.

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(ANOOP KUMAR DHAND),J

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GARIMA /41

Sumer Singh S/O Hari Singh v. the G.O.C (Patron, Hq, 61 Sub Area, Ex- Servicemen Canteen, Org.)

Case brief

What is this about?

What did the court decide?

Sumer Singh S/O Hari Singh v. the G.O.C (Patron, Hq, 61 Sub Area, Ex- Servicemen Canteen, Org.)

Case brief

What is this about?

What did the court decide?

What the court decided

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