1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7758/02 Mohan Singh Rawat vs. State & Ors. Date of order : 18/3/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vijay Dutt for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed against the order of removal passed by the respondent-disciplinary authority dated 30.9.2002 in a disciplinary proceeding against the petitioner in which the charge against him was that he contracted second marriage against the provisions of Rajasthan Civil Service (Conduct) Rules, 1971. Learned counsel for the petitioner has argued that the petitioner is by caste Scheduled Caste and in their community, there is a custom to allow second marriage by way of `Nata'. Learned counsel for the respondents submitted that the petitioner has straightway approached this Court without availing of the remedy of appeal. This Court while issuing notices of the writ petition stayed the order of removal 2 vide order dated 31.10.2002 and this interim order has remained operative since then. However, the fact is that the impugned order of removal has been passed by way of penalty against which remedy of appeal is provided under Rule 23 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules of 1958. In view of the fact that interim order passed as above has remained operative, it is directed that the petitioner may now file an appeal before the appropriate authority within a period of 45 days from the date of receipt of certified copy of this order. The appellate authority shall consider and decide such appeal as expeditiously as possible, but till such appeal is not decided, the interim order will remain operative. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/