1 S.B. Civil writ petition No. 9736/2009 Rajesh Kumar Jethaniya vs State of Rajasthan & Anr. Date of Order dated 9.12.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.PS Chundawat,for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the action of the respondents as petitioner's suspension order has not been revoked by the appointing authority by following the circular of the State Government dated 10.8.2001. Learned counsel for the petitioner submits that in such situation, the Jaipur Bench of this Court allowed the writ petition being SBCWP No.13445/2009 – Bhagwan Singh Vs. State of Rajasthan & Anr. Decided on 29.10.2009 directing petitioner of that writ petition to make a fresh representation for review/re-consideration of the order of the suspension before the competent authority under Rule 13(5) of the Rules of 1958, who may independently examine the same without being influenced by the 2 instruction dated 10.8.2001 and may also take note of the judgment of this Court delivered in the case of Prem Prakash vs State of Rajasthan & Ors, decided on 20th Sept., 2005. Since the petitioner's contention is that the authority is required to pass appropriate order uninfluenced by the order dated 10.8.2001 in view of thejudgment of this court then that plea can be taken before the appellate authority also and when there is an effective alternative remedy available to the petitioner, I do not find any reason to entertain the writ petition. It is made clear that in the order dated 29.10.2009 passed in SBCWP No.13445/2009, the issue was not involved whether the remedy can be avoided in such circumstances. In view of the above, the writ petition of the petitioner is dismissed with liberty. [PRAKASH TATIA], J. cpgoyal/-