IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 19766 of 2010(U) -------------------------- PETITIONER(S): --------------- BABU K.R. RESIDING AT POLICE QUARTERS G.15/R, COLLECTORATE,KOTTAYAM-2. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.ROY VANCHIPURACKAL RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE,KOTTAYAM. 2. INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERNAKULAM. 3. THE ASSISTANT COMMANDANT, ARMED RESERVE CAMP, KOTTAYAM. GP SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).19766/2010 -------------------- Dated this the 24th day of June, 2010 JUDGMENT Petitioner is a Police Constable. Disciplinary proceedings were initiated against him which resulted in Ext.P1 order of removal from service. Against Ext.P1 order, he has filed Ext.P2 appeal and according to the petitioner, appeal is pending consideration of the 2nd respondent. 2. Petitioner is the occupant of family quarters. In view of Ext.P1, he has now been issued Ext.P4 requiring him to vacate the quarters. It is in these circumstances, challenging Ext.P4, this writ petition is filed. 3. From the pleadings it is evident that Ext.P4 was issued on account of Ext.P1 order removing the petitioner from service. Against the said order, though Ext.P2 appeal has been filed, the same is pending consideration of the 2nd respondent. Therefore, I feel Ext.P4 is premature. W.P.(C).19766/10 2 4. Having regard to the case of the petitioner regarding the pendency of Ext.P2 appeal before the 2nd respondent, this writ petition is disposed of with the following directions. 5. 2nd respondent, before whom Ext.P2 appeal is pending, shall consider the appeal and orders thereon shall be passed, as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment. It is also directed that in the meanwhile, further proceedings pursuant to Ext.P4 will be kept in abeyance. Petitioner to produce a copy of this judgment along with the copy of this writ petition before respondents 2 and 3 for compliance. ANTONY DOMINIC, Judge mrcs