Rajasthan High Court - Jodhpur
Ravi Shanker vs State & Ors on 2 March, 2009
Author: H.R.Panwar
Bench: H.R.Panwar
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B. Civil Writ Petition No. 6051/2007 Ravi Shanker Vs. The State of Rajasthan and Others.
Date of order : 02.03.2009
HON'BLE MR. JUSTICE H.R.PANWAR
Mr. B.K.Vyas for the petitioner.
Mr. B.S.Bhati }
Mr. Vimal Mathur} for the respondents.
By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order Annex.1 dated 08.02.2007 placing the petitioner under suspension.
The order placing a Govt. servant under suspension is appealable under Rule 22 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 which provides that a Government servant may appeal against an order of suspension to the authority to which the authority which made or is deemed to have made the order, is immediately subordinate.
In this view of the matter, without exhausting the alternative statutory remedy of appeal which is efficacious in nature, the writ petition is not entertainable and therefore, it is dismissed. However, it will be open for the petitioner to challenge the order impugned by way of an appeal before authority concerned within 30 days from today and if such an appeal is filed within 30 days, the period of limitation will not come in the way of the petitioner.
rp (H.R.PANWAR), J.