Raghuveer Singh vs State of Raj. and Others

Ajay Rastogi, J.—Instant petition has been filed by the Petitioner against the order dt.01.12.2009 whereby the Petitioner has been dismissed from service while invoking power u/r.19(2) of Rajasthan Civil Services (Classification, Control & Appeal) Rules,1958.

Counsel has tried to persuade this Court that the material which has come on record referred to in the order impugned does not disclose that inquiry was not practically possible to hold under the Rules, 1958, in absence whereof, the power exercised while passing the order of penalty inflicted is wholly arbitrary and requires interference.

Counsel further submits that order impugned was passed in December,2009 and period of limitation has expired, in such circumstances if appeal is preferred, the appellate authority may not examine it on merits.

In view of remedy of appeal available to the Petitioner u/r.23 of the Rules,1958, this Court is not inclined to exercise its extraordinary jurisdiction u/Article 226 of the Constitution. However, it is observed that if the appeal is preferred by the Petitioner against the order impugned within sixty days from today before the appellate authority, the same may be treated to be within limitation and may be decided on merits.

Accordingly, the writ petition stands dismissed.