Constitution is
maintainable in view of the existence of the alternative remedy.
Learned advocate appearing for the petitioner submits that the State
Commission could ... should not entertain the instant revisional application as there exists efficacious
alternative remedy before the National Commission and placed reliance upon a
judgment
resorts to a constitutional remedy. Time without number, it has been
reiterated that in case of alternative remedy the aggrieved party may
be asked ... remedy is a rule of
discretion and not one of compulsion. In an appropriate case, in spite
of the availability of an alternative remedy
petitioners without relegating them to the alternative remedy which is a time consuming alternative remedy. It has been urged that the existence of the alternative ... relegating the petitioner to avail alternative remedy and permit him to by-pass the alternative remedy.
18. It was also pointed out that the hurdle
effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this ... Division Bench and also allowed him to pursue the remedy bypassing the alternative remedy. In this case also the Supreme Court
aware of the law of alternate remedy and that it need not go to the alternate remedy. In the present case, the Union ... laid down by the Division Bench is that remedy of civil suit is not adequate alternate remedy, where question of withdrawal of pay scale without
effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this ... ground of availability of alternative remedy and ordinarily it should do so if there is an alternative remedy."
13. The above said Judgment
ground of availability of an alternative remedy. The Supreme Court held that the alternative remedy is not an absolute bar to the maintainability ... rejected on the ground that an alternative remedy is available to him because such an alternative remedy cannot be said to provide in all situations
said short counter-affidavit that the petitioner had got an alternative remedy of filing an appeal before the next higher authority under Regulation ... effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this
effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this ... there is an adequate efficacious alternative remedy. If somebody approaches the High Court without availing the alternative remedy provided the High Court should ensure that
objection of maintainability of this petition, on the ground that effective alternate remedy by way of civil suit is available. In fact his contention ... remedy and therefore the argument of Mr. Aney that in such a situation the parties should be relegated to the alternate or efficacious remedy
