IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 5282 of 2010(I) ------------------------- PETITIONER(S): --------------- T.VARGHESE, S/O.THOMAS, AGED 49 YEARS, AGED 49 YEARS, DRIVER GR.II, K.S.R.T.C., KOTTARAKKARA AND RESIDING VARSHA VIHAR, ODANAVATTOM P.O., KOTTARAKKARA. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT THIRUVANANTHAPURAM, REP.BY ITS MANAGING DIRECTOR. 2. THE EXECUTIVE DIRECTOR (VIG.) KSRTC, THIRUVANANTHAPURAM. 3. THE ASSISTANT TRANSPORT OFFICER, KSRTC, KOTTARAKKARA. SC FOR KSRTC SRI.V.V.N.NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5282 OF 2010 (I) -------------------------------------------------- Dated this the 18th day of February, 2010 J U D G M E N T Petitioner is a Driver Grd.II under the 3rd respondent. By Ext.P1 order, he was placed under suspension. Detailed averments have been made in this writ petition that the allegations in Ext.P1 are incorrect and that the action is mala fide. Irrespective of the allegations so raised, it is seen that in terms of Rule 22 of the KCS (CC&A) Rules 1960 petitioner has filed Ext.P5 appeal before the first respondent seeking cancellation of Ext.P1. That appeal is still pending. In view of the pendency of the appeal it is not necessary for this court to go into the merits of the contentions raised. 2. Petitioner has yet another complaint that though he is entitled to substance allowance and that it is not being paid. 3. Having regard to the above, I dispose of this writ petition directing the first respondent to dispose of Ext.P5 appeal, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of this judgment along with a copy of this writ petition. Needless to say that it will be open to the WPC.No. 5282/2010 :2 : petitioner to move the appropriate authority for disbursement of subsistence allowance, in which event, appropriate action will be taken thereon. (ANTONY DOMINIC) JUDGE vi/