CW 12863/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12863/2009 Dileep Kumar Pareek Versus State & Ors Date of Order ::: 14/10//09 Hon'ble Mr. Justice Ajay Rastogi Mr. Jitendra Mitrucka, for petitioner Instant petition has been filed by petitioner assailing order dt.18/09/09 (Ann.4) whereby he was superseded while promotions were being made for the post of Forest Ranger Gr.II, on the recommendations by departmental promotion committee. It appears from the record that after promotions were made, petitioner submitted his representation pointing out justification for his super-cession in pursuance of order dt. 18/09/09 he was informed vide letter dt. 23/09/09 (Ann.6) that there were adverse remarks recorded in his APARs of year 2007-08, which was considered as basis in holding him to be unsuitable. Counsel submits that no such adverse remarks of year 2007-08 were conveyed to petitioner; as such very decision referred to by authority for superseding him while being considered by DPC for promotion to the post of Ranger Gr.II is arbitrary and violative of CW 12863/09 //2// Art.14 of the Constitution. In the opinion of this Court, In view of Full bench decision of this Court in Tayyab Ali Vs. State (1988(2) RLR 1) which laid down that if prejudice is caused to the employee on the basis of adverse remarks or he stands superseded by virtue of alleged adverse remarks being taken note of by DPC, orders of super cession and so also adverse remarks recorded in APARs could be challenged by employee while filing appeal before the Tribunal under Rajasthan Civil Services (Appellate Tribunal) Act, 1976. In view of efficacious remedy of appeal which petitioner has failed to avail of, this Court is not inclined to exercise discretionary jurisdiction U/Art.226 of the Constitution. Consequently, writ petition is hereby dismissed. However, petitioner will be at liberty to avail of remedy under the law. (Ajay Rastogi), J. K.Khatri/p.2/ 12863CW09Oct14-DsRmdy.doc