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2006 Supreme(Raj) 1548
High Court Of Rajasthan
Judgename : N.P.GUPTA
NIRMALA BHATT - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CIVIL WRIT 2206 Of 2006
Decided On : 05/19/2006
Important Points
Subject
Administrative Law - Service Matters
Act Referred
Headnote
Service Matter - Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 - The petitioner's grievance fell within the term 'Service matter' under Section 2(f) of the Act, providing a remedy by way of appeal to the Rajasthan Civil Services Appellate Tribunal.
Fact of the Case:
The petitioner's grievance fell within the term 'Service matter' under the provision of Section 2(f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, providing a remedy by way of appeal to the Rajasthan Civil Services Appellate Tribunal.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioner had a remedy by way of appeal against the impugned order before the Rajasthan Civil Services Appellate Tribunal.
Issues: The main issue was whether the court should entertain the present writ petition when the petitioner had a remedy by way of appeal before the Rajasthan Civil Services Appellate Tribunal.
Ratio Decidendi: The court found that the petitioner's grievance clearly fell within the term 'Service matter' under the Act, and therefore, the court was not inclined to entertain the present writ petition.
Final Decision: The court dismissed the writ petition summarily, clarifying that the dismissal would not prevent the petitioner from seeking the remedy of appeal, if available.
DILIP MULCHANDANI
( 1 ) HEARD learned counsel for the petitioner. The grievance sought to be ventilated by the petitioner in this writ petition clearly falls within the term Service matter under the provision of Section 2 (f)of the Rajasthan Civil Services (Service Matters Appellate tribunals) Act, 1976. Thus, the petitioner has/had a remedy by way of appeal against the impugned order before the rajasthan Civil Services Appellate Tribunal.
( 2 ) IN that view of the matter, I am not inclined to entertain the present writ petition. The same is, therefore, dismissed summarily. It is made clear that this dismissal will not come in the way of the petitioner in seeking the remedy of appeal, if it is otherwise now available.
