1 S.B. CIVIL WRIT PETITION NO.423/2005 (Taja Ram vs. State of Rajasthan & Ors.) Date of Order :: 15.04.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.K.R. Choudhary, for the petitioner. Mr.Shyam ladhrecha, Dy. Govt. Advocate. By way of filing present writ petition, the petitioner is challenging the order of suspension dated 10th January, 2005 on various grounds. In this writ petition, while issuing notice to the respondents, effect and operation of the order dated 10th January, 2005 (Annexure-R/13) was stayed by the order dated 20th January, 2005. It is contended by learned counsel for the State that there is remedy of appeal available under Rule 22 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 whereby petitioner can challenge his suspension order before the appellate authority, therefore, this writ petition is not maintainable. In this case, an order dated 20th January, 2005 was passed by this Court for staying the suspension order but there is remedy of appeal available to the petitioner for challenging his suspension order under Rule 22 of the Rules of 1958, therefore, 2 there is force in the arguments advanced by learned Dy. Govt. Advocate that petitioner was required to avail the remedy provided in the Rules. Therefore, this writ petition is not maintainable. In this view of the matter, I deem it just and proper to grant liberty to the petitioner to file an appeal before the appellate authority under Rule 22 against the suspension order within a period of one month from today. Upon filing the said appeal, the appellate authority shall decide the appeal within a period of two months thereafter. In the meanwhile, the stay order granted by this Court upon suspension order will remain in force. It is also made clear that if petitioner will prefer the appeal within the stipulated time then the appellate authority shall decide his appeal on merit ignoring the question of limitation. With these directions, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-