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2023 Supreme(Raj) 115

SUDESH BANSAL
Sandeep Sharma Son Of Late. Shri Rajendra Prasad Sharma – Appellant
Versus
State Of Rajasthan, Through Its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tribhuvan Narayan Singh
For the Respondent: Mr. S.S. Raghav, AAG, Mr. Imran Khan, AGC

JUDGMENT :

1. By way of instant writ petition, petitioner has invoked jurisdiction of the High Court under Article 226 of the Constitution of India seeking to quash and set aside his suspension order dated 30.11.2022 with all consequential benefits including to give posting, seniority, full salary and allowances etc.

2. On issuance of notices, respondents have filed reply to the writ petition and has raised a preliminary objection that the order of suspension, being not a punishment order, is appealable before the Rajasthan Civil Service Appellate Tribunal, Jaipur (hereinafter “Tribunal”) within the scope of Section 2(f) (v) of the Rajasthan Civil Services (Service Matters Appellate Tribunal) Act, 1976 (hereinafter “the Act of 1976”) and therefore, when petitioner have an alternative remedy of appeal against his suspension order, but has not availed the alternative remedy, the writ petition is not liable to be entertained and as such on this ground alone, the writ petition be dismissed. Reliance has been placed on the judgment passed by the Division Bench in case of Jahangir Ali Khan Vs. State of Rajasthan: DB Special Appeal (Writ) No.662/2022 decided on 25.05.2022. Apart from raisin

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