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SMT.SHUSHILA VERMA versus STATE & ORS.

High Court of Rajasthan

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SMT.SHUSHILA VERMA v STATE & ORS. - CW Case No. 1121 of 2007 [2007] RD-RJ 1264 (9 March 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

ORDER

S.B. CIVIL WRIT PETITION NO. 1121/2007

(Smt. Sushila Verma Vs. State of Rajasthan & Ors.)

Date of Order : 09/03/2007

PRESENT

HON'BLE MR. JUSTICE H.R.PANWAR

Mr. Kalu Ram Bhati for the petitioner.

BY THE COURT:-

By the instant writ petition under Article 226 of the

Constitution of India, the petitioner has challenged the transfer order dated 24.2.2007 Annex.4.

Against the order impugned, the petitioner has an alternative remedy of an appeal before the Rajasthan Civil

Services Appellate Tribunal and without exhausting the alternative remedy of appeal, the petitioner has filed the instant writ petition. The writ petition is therefore, liable to be dismissed.

Accordingly the writ petition is dismissed on the ground of availability of the alternative remedy of an appeal provided under the Statute. However, the petitioner is permitted to file an appeal assailing the order impugned Annex.4 dated 24.2.2007 before the Rajasthan Civil Services Appellate Tribunal within 30 days from today and if such an appeal is filed within a period of 30 days from today, the period of limitation would not come in the way of the petitioner and for a period of 30 days from today, the effect and operation of the order Annex.1 dated 31.1.2007 transferring the petitioner from Ad Post Aamliya,

Tehsil Jadole, district Udaipur, order Annex.2 dated 1.2.2007, order Annex.3 dated 2.2.2007 and order dated 24.02.2007

Annex.4 qua the petitioner shall remain stayed or any order passed by the tribunal whichever is earlier.

(H.R.PANWAR),J. rp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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