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Judgment
Mohammad Rafiq, J.
Petitioner was initially appointed on the post of Lower Division Clerk on 06.03.1980 under the respondent. For remaining absent from duty for 190 days between the period from September, 2009 to October, 2013, a departmental enquiry was initiated against him under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and the enquiry officer found him guilty of remaining absent willfully for that period. The petitioner was also found guilty of dereliction of duty, negligence and in-activeness. The respondent-disciplinary authority vide order dt. 02.04.2014 (Annexure-3), while concurring with the finding of the enquiry officer, terminated the services of the petitioner with immediate effect under Rule 14(VI) of the Rules of 1958. The order dt. 02.04.2014 (Annexure-3) is an appealable order and the petitioner, instead of availing that remedy, has directly filed this writ petition.
The petitioner may raise all the grounds in the departmental appeal, which he has raised in this writ petition. The appeal if now filed by the petitioner within forty-five days, may be heard and decided by the appellate authority within four months from the date of its filing. If the departmental appeal is already filed, the appellate authority is expected to consider and decide the same within four months from the date a copy of this order is produced before him. Writ petition is accordingly dismissed as not maintainable as alternative remedy is available to petitioner.
This also disposes of stay application.