IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 870 of 2008(C) PETITIONER: --------------------- N.K.HARIKRISHNAN, FOREST GUARD (UNDER ORDERS OF TERMINATION), "CHARUSREE", NEAR RAMESWARAM TEMPLE, AMARAVILA, NEYYATTINARA P.O., THIRUVANANTHAPURAM DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------ 1. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 2. THE CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, KOTTAYAM. 3. THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, DEVIKULAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.870 of 2008 ------------------------- Dated this the 8th day of January, 2008. JUDGMENT By Ext.P11, the petitioner was dismissed from service with effect from 22.10.2005. Even in Ext.P11, separate action is initiated to realise an amount of Rs.4,47,139/-, by following departmental proceedings. Challenging Ext.P11, the petitioner has preferred an appeal as permitted under Ext.P.15 judgment before the 2nd respondent. In the meanwhile, the petitioner is served with Ext.P16 requiring him to remit an amount of Rs.4,47,139/-, after giving credit to an amount of Rs.50,000/-, which he had already remitted. Apparently, Ext.P16 was issued without any notice to him. Since there is already an appeal filed against Ext.P11 order and the same is pending consideration, it is only appropriate that the enforcement of Ext.P16 is made subject to the order to be passed by the appellate authority. W.P.(C).NO.870/08 :: 2 :: Writ petition is, therefore, disposed of directing the 3rd respondent to keep in abeyance enforcement of Ext.P16 till a decision is taken on the appeal filed against Ext.P11. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge