RAMJI UPADHYAY Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2007-7-103
HIGH COURT OF RAJASTHAN
Decided on July 17,2007

Ramji Upadhyay Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

H.R.PANWAR, J. - (1.) HEARD learned Counsel for the parties.
(2.) BY the instant writ petition, the petitioner has challenged the order dt. 18.08.2005 Annex.7 whereby the petitioner has been placed under suspension. A reply to the writ petition has been filed. Apart from denial of factual matrix of the case, the respondents came with a case that the order placing an employee under suspension is appealable and there being an alternative and efficacious remedy of appeal available and without exhausting the remedy of appeal and there being no reason to bypass such remedy, the petitioner has filed the instant writ petition.
(3.) THE order of 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. Thus, there is a statutory remedy of appeal provided to challenge the order of suspension and the remedy is efficacious in nature.;


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