TAKHATSINGH SHIVAJI Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) The matter was called out for hearing in the first round, then in the second round and lastly in the third round but none put appearance on behalf of the petitioner. Heard learned counsel for respondents and perused the Special Civil Application.

(2.) Challenge has been made by the petitioner to the order of respondent No. 1 dated 20th December, 1985 under which after departmental inquiry, the penalty of putting the petitioner on the lower post and treating the period of suspension as such has been made.

(3.) The learned counsel for the respondents raised a preliminary objection that the petitioner has alternative remedy of appeal against this order and that remedy has not been availed of. This petition filed by the petitioner against the order of penalty, which was appealable is not maintainable. Under Rule 6 of the Bombay Police (Punishment & Appeal) Rules, 1956, the petitioner, against the order impugned, has a right of appeal but that remedy has not been availed.