IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38141 of 2008(N) -------------------------- PETITIONER(S): ------------------ B.GOPALA KRISHNA BHAT, KEEZH SHANTHI, SREE LAKSHMI NARASIMHA DEVASWOM, THALASSERRY,KANNUR RESIDING AT HOUSE NO.45/569, NEAR SREE LAKSHMINARASIMHA TEMPLE, M.M.ROAD, THALASSERY. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S): ------------------- 1. THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE (ERSTWHILE DEPUTY COMMISSIONER FOR THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS). 2. THE SREELAKSHMI NARASIMHA TEMPLE TRUSTEES REPRESENTED BY ITS MANAGING TRUSTEE, THALASSERY, KANNUR 670 101. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 38141 OF 2008 (N) ==================== Dated this the 26th day of December, 2008 J U D G M E N T Petitioner was a Keezshanthi of Sri.Lakshmi Narasimha Temple, Thalasserry. 2. Disciplinary proceedings were initiated and Ext.P6 is the enquiry report finding the petitioner guilty of some of the charges. Based on the enquiry report, by Ext.P9 order, the disciplinary authority dismissed the petitioner from service. Aggrieved by Ext.P9, petitioner filed Ext.P10 appeal numbered as AP 13/08 before the 1st respondent. Initially the 1st respondent granted the interim order of stay by Ext.P12 and the same has been vacated by Ext.P13. It is in these circumstances, the writ petition has been filed, seeking to quash Ext.P13. 3. Admittedly, in a disciplinary proceedings petitioner has been found guilty and he was removed from service. Once a person has been removed from service, unless there are extra ordinary circumstances, there is no reason to direct his continuance in service pending disposal of the appeal filed by him. In this case, I do not find any such circumstances justifying continuance of the petitioner in service. Therefore, I am not persuaded to interfere with Ext.P13 order vacating the stay order passed WPC 38141/08 :2 : by the appellate authority. 4. Be that as it may, now that the petitioner has filed Ext.P10 appeal before the 1st respondent, which has been numbered as Appeal No.13/08, necessarily, the said appeal has to be disposed of on an expeditious basis. Therefore, the writ petition is disposed of directing the 1st respondent to dispose of Ext.P10 appeal with notice to the petitioner and the 2nd respondent and as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp