Dismissed

Harish Kumar S/O Shri Bhawni Singh v. the State of Rajasthan

Rajasthan HC19 Feb 2024SAW/385/2023

Case brief

AI extract

What is this about?

This special appeal was dismissed as no extraordinary circumstances existed for entertaining it. However, the High Court directed the Rajasthan Civil Services Appellate Tribunal to dispose of any appeal filed by the appellant within one year due to the writ petition's long pendency.

What did the court decide?

Direction to the Rajasthan Civil Services Appellate Tribunal to dispose of the appeal within one year.

Harish Kumar S/O Shri Bhawni Singh Vs the… — Pension and Retirement Benefits | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 385/2023

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Harish Kumar S/o Shri Bhawani Singh, Aged About 46 Years, R/o Village Fatehabad, Tehsil Kishangarhbas, District Alwar (Rajasthan) At Present Posted As Constable Ii Rac, Kota (Rajasthan)

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----Appellant

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Versus

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The State Of Rajasthan, Through The Principal Secretary, Home, Govt. Of Rajasthan, Jaipur

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The Additional Director General Of Police, Armed Battalion Rajasthan, Jaipur

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The Director General Of Police (Hq), Rajasthan, Jaipur.

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Inspector General Of Police, Rac-I, Jaipur

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Commandant, Second Battalion, Rac, Kota

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Company Commander, Stf Company, 2Nd Battalion, R.a.c., Kota

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Ghasi Lal Constable No. 675, C/o 2Nd Battalion, R.a.c., Kota

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----Respondents

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For Appellant(s) : Mr. Najeeb A. Khan For Respondent(s) :

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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19/02/2024

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Appellant has preferred this special appeal aggrieved by order dated 16.02.2023 passed by learned Single Judge whereby the writ petition filed by the present appellant was disposed of, in light of judgment passed by Apex Court with liberty to appellant to file an appeal before Rajasthan Civil Services Appellate Tribunal.

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[SAW-385/2023]

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(2 of 2)

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It is contended by counsel for the appellant that writ petition was pending since 2017 and without going into merits of the case, the same has been disposed of on the ground that alternate remedy is available to the appellant.

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We have considered the contentions.

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Admittedly, the writ petition was never admitted by the Court and the learned Single Judge has observed that appellant has alternate remedy of filing an appeal before the Tribunal. No extraordinary circumstance has been shown to this Court for entertaining the special appeal or for directing the learned Single Judge to decide the writ petition on merits.

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Special Appeal (Writ) is accordingly, dismissed.

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Since, alternate remedy is available to the appellant, we are not inclined to entertain the special appeal. However, taking note of the fact that writ petition has been pending before the High Court for so long, we direct the Rajasthan Civil Services Appellate Tribunal to dispose of the appeal, if any, filed by the appellant expeditiously, as far as possible within a period of one year from the date of filing of appeal.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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HEENA/02

Harish Kumar S/O Shri Bhawni Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harish Kumar S/O Shri Bhawni Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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