Ms. Lalita Sharma vs State Of Raj. & Ors on 17 February, 2009

     S.B. Civil Writ Petition No. 1278/2009
     Ms. Lalita Sharma Vs. The State of Rajasthan and Others.


     Date of order          :     17.02.2009


                       HON'BLE MR. JUSTICE H.R.PANWAR


     Mr.   R.S.Chauhan for the petitioner.


                By the instant writ petition under Article 226 of the
     Constitution of India, the petitioner has challenged the order
     Annex.2   dated    20.01.2009    placing   the   petitioner   under
     suspension.
                The order placing a Govt. servant under 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.
                In this view of the matter, without exhausting the
     alternative statutory remedy of appeal which is efficacious in
     nature, the writ petition is not entertainable and therefore, it is
     dismissed. However, it will be open for the petitioner to
     challenge the order impugned by way of an appeal before
     authority concerned.


                                                      (H.R.PANWAR), J.

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S.B.Civil Misc. Stay Petition No. 2318/09
In
S.B. Civil Writ Petition No. 1278/2009

Date of order : 17.02.2009

HON’BLE MR. JUSTICE H.R.PANWAR

Mr. R.S.Chauhan for the petitioner.

Since the writ petition itself has been dismissed, the
stay petition also stands dismissed.

(H.R.PANWAR), J.

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