IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21622 of 2009(W) -------------------------- PETITIONER(S): --------------- THOMAS ABRAHAM, AGED 46 YEARS, S/O. JOSEPH ABRAHAM, PUTHUMANA(H) KUNAMTHAI, EDAPPILLY MARKETING OFFICER, MILMA, KOTTAYAM DAIRY BY ADV. SRI.C.A.JOY SRI.ARUN KRISHNAN RESPONDENT(S): --------------- 1. BOARD OF DIRECTORS F THE ERCMPU LTD., REP.BY CHAIRMAN, ERCMPU LTD., ERNAKULAM. 2. THE MANAGING DIRECTOR, ERCMPU LTD., KOCHI. BY SC SRI. B.S. KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.21622 OF 2009 ------------------------ Dated this the 31st day of July, 2009. JUDGMENT Heard the counsel on both sides. 2. Petitioner is presently working as Marketing Officer in the Kottayam Dairy of the respondents. On the allegation of having committed certain misconducts at the time when the petitioner was working as Assistant Marketing Manager in charge, he was proceeded against. Proceedings resulted in Ext.P9 order, wherein Rs.2,67,172/- is ordered to be recovered from the petitioner. Aggrieved by the above order petitioner has filed Ext.P10 appeal before the first respondent. In this writ petition, petitioner seeks an order for the expeditious disposal of the appeal and also seeks an order requiring the respondents to defer recovery from the salary pursuant to Ext.P9, pending disposal of the writ petition. WP(c).No.21622/09 2 3. Heard the standing counsel appearing for the respondent also. 4. Admittedly, the appellate remedy as provided in the service rules has been resorted to by the petitioner. If that be so, the first respondent is bound to consider the appeal and pass orders thereon without any further delay. Therefore, the writ petition is disposed of with the following directions. The first respondent shall consider Ext.P10 appeal with notice to the petitioner, as expeditiously as possible, in the next meeting of the Board of Directors. It is directed that in the meanwhile recovery pursuant to Ext.P9 will be kept in abeyance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.21622/09 3