CW 12742/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12742/2009 RK Gupta Versus United India Ins. Co. & Ors. Date of Order ::: 15/12/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Shiv Charan Gupta, for petitioner Instant petition has been filed assailing orders dt.22/09/09 (Ann.20) whereby petitioner has been inflicted with penalty of removal from service. It has not been disputed that right of appeal U/r 31 of General Insurance (Conduct, Discipline & Appeal) Rules, 1975 indisputably provides effective remedy which the petitioner has failed to avail of. Counsel submits that the appeal is certainly provided to the petitioner but looking to the peculiar facts of this case, where the charge of misconduct pertaining to unauthorized absence of the period from 14/04/1995 to 06/08/99 was imputed after 10 years whereof, in such circumstances, penalty inflicted vide order impugned even if on the alleged charge being found proved against him is highly disproportionate and if appeal is preferred, it will take its own time and its pendency will cause prejudice to him. CW 12742/09 //2// In view of effective remedy of appeal available under aforesaid Rules, 1975, this Court is not inclined to exercise its extra ordinary jurisdiction U/Art.226 of the Constitution. However, if appeal is preferred by petitioner, it is expected of the appellate authority to decide the same expeditiously. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 12742CW09-Dec15-DsRmdy.doc