Research › Search › Judgment

Rajasthan High Court · body

2003 DIGILAW 1276 (RAJ)

Anil Prakash Joshi v. State of Rajasthan

2003-09-09

H.R.PANWAR

body2003
JUDGMENT 1. - Heard learned counsel for the petitioner.By the instant writ petition the petitioner has challenged the order dated 31.10.2002 (Annexure- 1) by which the petitioner was transferred from Panchayat Samiti, Osiya, District Jodhpur to Panchayat Samiti, Raipur, District Pali. The petitioner has already been relieved by order dated 18.11.2002 (Annexure- 2). 2. The petitioner has alternative statutory remedy available to him by way of filing an appeal before the Rajasthan Civil Services Appellate Tribunal. Without availing of the said remedy, he has filed the instant writ petition challenging the order impugned. When the statute has provided for the constitution of a Tribunal for adjudicating the disputes of a Government servant, in the first instance, the petitioner must seek redressal before the Tribunal by way of appropriate proceedings. An aggrieved person can seek remedy under Article 226 of the Constitution but that is no ground to bypass the available statutory alternative remedy in the first instance itself. It is, however, possible that in an appropriate case after entertaining the appeal filed by an aggrieved party the Tribunal may not, for any reason, be able to make an order sought for, then, in that case, the party can seek remedy under Article 226 of the Constitution. 3. In view of the matter, the instant writ petition is dismissed. In case the petitioner approaches the Rajasthan Civil Services Appellate Tribunal for redressal of his grievance by way of filing an appeal within a period of one month from today, then the question of limitation will not come in his way. In the meantime, the interim order dated 16.12.2002 qua petitioner shall remain in force for days.Petition Disposed of as Above - Interim Order to Continue for 15 Days. *******