Disposed¶21

Roopesh Kumar S/O Shri Bachu Singh Gurjar v. State of Rajasthan

Rajasthan HC4 Feb 2025CW/7104/2024

Case brief

AI extract

What is this about?

Alternative remedy; bypass appellate authority; Rule 23 appeal; Rule 16 Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958; Article 226; disciplinary order against Ex-Constable; Roopesh Kumar v. State of Rajasthan; S.B. Civil Writ Petition No. 7104/2024; [CW-7104/2024]; [2025:RJ-JP:4805]; Rajasthan High Court Jaipur; Anoop Kumar Dhand, J.; statutory appeal; ignoring limitation; disposed of with liberty.

What did the court decide?

Liberty granted to the petitioner to file a statutory appeal under Rule 23 of the Rules of 1958 against the impugned order before the Appellate Authority; if preferred within one month, the Appellate Authority to decide expeditiously, ignoring the period of limitation. Pending applications dismissed. ¶21

Roopesh Kumar S/O Shri Bachu Singh Gurjar Vs… — Writ and Judicial Review | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the writ petition under Article 226 is maintainable when the petitioner has an alternative efficacious statutory remedy of filing an appeal under Rule 23 of the Rules of 1958 against the disciplinary order, which was not availed.

¶20

Court's answer

Where an alternative efficacious statutory remedy of filing appeal is available to a person, he cannot bypass the jurisdiction of the appellate/statutory authority by directly approaching the High Court.

¶20

Ratio / Principle

The writ petition stands disposed of with liberty to the petitioner to file a statutory appeal under Rule 23 of the Rules of 1958 against the impugned order before the Appellate Authority.

¶21

Key takeaways

If the statutory appeal is preferred within one month, the Appellate Authority is expected to decide it expeditiously, after affording due opportunity of hearing to all respective parties, ignoring the period of limitation.ratio¶22

Detailed headnote1 paragraphs

[2025:RJ-JP:4805] S.B. Civil Writ Petition No. 7104/2024, decided 04/02/2025 by Anoop Kumar Dhand, J., High Court of Rajasthan, Jaipur Bench. An Ex-Constable aggrieved by a disciplinary order dated 28.09.2023 passed by the Disciplinary Authority under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 filed a writ petition under Article 226 of the Constitution without first preferring the appeal available under Rule 23 of the Rules of 1958. Holding it a settled proposition that a person cannot bypass the jurisdiction of the appellate authority where an alternative efficacious remedy of appeal is available, the Court disposed of the petition granting liberty to file the statutory appeal before the Appellate Authority; if filed within one month it was to be decided expeditiously, ignoring limitation. All pending applications were dismissed.

¶1

[2025:RJ-JP:4805]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7104/2024

¶4

Roopesh Kumar S/o Shri Bachu Singh Gurjar, Aged About 30 Years, Ex. Constable No. 2111, R/o Village Kharera, P.s. Uchchain, District Bharatpur.

¶5

----Petitioner

¶6

Versus

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State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Jaipur.

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Inspector General Of Police, Bharatpur Range, Bharatpur.

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Superintendent Of Police, District Bharatpur.

¶10

----Respondents

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For Petitioner(s) : Mr.Madan Mohan Mehrishi

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JUSTICE ANOOP KUMAR DHAND

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Order

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04/02/2025

¶15

Aggrieved by the order dated 28.09.2023, the petitioner has approached this Court by way of filing this petition under Article 226 of the Constitution of India.

¶16

Admittedly, the aforesaid impugned order has been passed by the Disciplinary Authority in exercise of its powers contained under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, "the Rules of 1958"), the aforesaid order is appealable under Rule 23 of the Act of 1958, but without availing the alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court by way of filing this petition.

(2 of 2)

[2025:RJ-JP:4805]

[CW-7104/2024]

It is the settled proposition of law that whenever alternative efficacious remedy of filing appeal is available to a person, then he cannot be allowed to bypass the jurisdiction of the said authority.

¶21

In view of the above, the instant petition stands disposed of granting liberty to the petitioner to file statutory appeal under Rule 23 of the Rules of 1958 against the impugned order before the Appellate Authority.

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In case, such appeal is preferred by the petitioner within a period of one month from today, it is expected from the Appellate Authority to decide the same expeditiously as early as possible, after affording due opportunity of hearing to all the respective parties, ignoring the period of limitation.

¶23

All applications (pending, if any) also stand dismissed.

¶24

(ANOOP KUMAR DHAND),J

¶25

Aayush Sharma/24

Roopesh Kumar S/O Shri Bachu Singh Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Roopesh Kumar S/O Shri Bachu Singh Gurjar v. State of Rajasthan

Case brief

What is this about?

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What the court decided

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