1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2589/2005 (Vijendra Vs. State of Raj. & Ors.) Date of order : 08.04.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.D. Vyas, for the petitioner. Mr. Shyam Ladrecha, Dy. Govt. Counsel. Heard learned counsel for the parties. By way of filing the present writ petition, the petitioner has challenged the order dated 9.6.2004 (Annexure-10). Vide order dated 3.5.2005, the effect and operation of the order dated 9.6.2004 was stayed by Coordinate Bench of this Court. The petitioner is continuing on the post. 2 It is submitted by the learned counsel for the respondents that alternative remedy is available to the petitioner by way of filing an appeal as provided under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. However, the petitioner has directly approached this Court without availing of alternative remedy. In these circumstances, I deem it just and proper to grant liberty to the petitioner to file an appeal before the appellate authority against the order dated 9.6.2004 within a period of one month from today. Upon filing the said appeal, the appellate authority shall decide the same on merit in accordance with law within a period of three months from the date of filing of appeal. The appellate authority is also directed to consider the case of the petitioner in the light of the fact that this Court after due application of mind has stayed the effect and operation of the order dated 9.6.2004 whereby the petitioner was placed under suspension. Till the decision of the appeal, the order dated 3.5.2005 passed by this Court shall remain in force. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun