J.JAYASUDHA Vs. CHIEF MANAGER

JUDGEMENT

(1.) The order of punishment dated 19.12.2017 imposing the punishment of stoppage of one increment for a period of one year without cumulative effect and consequential posting order are under challenge in the present writ petition.

(2.) As far as the order of punishment is concerned, the same was issued by the Chief Manager, who is the Disciplinary Authority. The writ petitioner is employed as Single Window Operator and therefore, as per the Service Rule in force, an appeal provision is provided enabling the writ petitioner to redress his grievances.

(3.) Whenever the Rules provides an appeal, the employees are bound to approach the Competent Appellate Authority for redressal of their grievances under the Appeal Rules. No writ petition can be entertained, if the provision is available for an appeal. An opportunity of appeal must be exhausted at the first instance and only after exhausting the remedy available under the Rules, writ petition can be entertained. Filing an appeal must be a rule and entertaining the writ petitioner without exhausting the remedy is only an exception.