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2015 Supreme(Chh) 214

P.SAM KOSHY
Govind Ram Bareth – Appellant
Versus
District & Sessions Judge – Respondent


Advocates Appeared:
For the Appellant :Awadh Tripathi, Advocate

ORDER :

P. Sam Koshy, J.

1. Challenge in the present writ petition is the impugned order dated 22.01.2009 Annexure P-1 whereby the petitioner has been imposed a punishment of compulsory, retirement invoking the provisions of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short, the Rules, 1966). A perusal of the record would show that the petitioner after passing of the said order has straight way rushed to this court and filed this writ petition on 13.04.2009 without availing the alternative remedy available to him under Rule 23 of the Rules 1966. The Rules, 1966 categorically provides for appeal against the impugned order. Rule 23 of the Rules, 1966 provides as under:

"23. Order against which appeal lies.- Subject to the provisions of Rule 22, a Government servant may prefer an appeal against all or any of the following orders, namely-

an order imposing any of the penalties specified in Rule 10 whether made by the disciplinary authority or by any appellate or reviewing authority;

an order enhancing any penalty, imposed under Rule 10;

an order of suspension made or deemed to have been made under Rule 9."

2. Admittedly, adequate efficacious statutory alt









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