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Madras High CourtWP/10124/2026disposed of

R.Kannabiran v. The Director

2026-03-18Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA & WMP.No.10931 of 2026 R.Kannabiran S/o.Ramachandran, Reddiyar Street Thellar Village, Vandavasi Taluk, Tiruvannamalai District.

..Petitioner(s) Vs

1. The Director Fire and Rescue Services, Egmore, Chennai - 600 008.

2. The Deputy Director North Western Region, Deputy Director Office, Fire and Rescue Services, Infanty Road, Kozapet, Vellore - 632 001.

3. The District Officer District Office, Fire and Rescue Services, Collectorate Campus, Vengikal, Tiruvannamalai - 606 601.

..Respondent(s) Prayer: To call for the records relating to the proceedings of the 3rd respondent in Na.Ka.No.1599/ AA1/ 2026 dated 09.02.2026 and quash the same as illegal and Consequently direct the respondents to reinitiate the petitioner in service with all attendant and monetary benefits.

For Petitioner(s):

Mr.B.Harish For Respondent(s):

Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader for RR1 to 3

ORDER

The petition has been filed to call for the records relating to the proceedings of the 3rd respondent in Na.Ka.No.1599/AA1/2026 dated 09.02.2026 and to quash the same as illegal and consequently direct the respondents to reinitiate the petitioner in service with all attendant and monetary benefits.

2. (i) It is the case of the petitioner that the petitioner joined the Fire & Rescue Services as Fire Man on 01.12.2002. Subsequently, he was promoted to the post of Fire Driver Mechanic (FDM) and further to Driver Mechanic (MD). The petitioner has completed 23 years of service and that his name has also been included in the promotion panel for the post of Inspector. (ii) The further case of the petitioner is that due to matrimonial dispute between the petitioner and his wife, he had filed a divorce petition against his wife in HMOP.No.140 of 2022 on the ground of desertion and other grounds before the Subordinate Court at Cheyyar. That petition was allowed ex parte on 08.03.2023. Thereafter, his wife had filed an application to set aside the ex parte decree and the same is pending enquiry.

(iii) The petitioner submits that on 27.01.2026, when the matrimonial matter was listed for hearing, the wife of the petitioner intentionally abused and provoked the petitioner inside the Court premises. The petitioner tolerated the same and attempted to leave. Thereafter, the petitioner's wife along with others followed and physically attacked the petitioner. Thereafter, the petitioner took treatment at the Government Hospital and lodged a complaint against his wife before the Vandavasi South Police Station on 27.01.2026. However, the complaint was registered only on 30.01.2026 in Crime No.19 of 2026. (iv) Thereafter, the petitioner wife filed a retaliatory complaint against the petitioner which came to be registered in Crime No.9 of 2026. Based on the said complaint, the petitioner was remanded to judicial custody and was released on bail on 09.02.2026 in Crl.M.P.No.335/2026. Since he was arrested and remanded to judicial custody, the 2nd respondent passed the impugned Suspension Order dated 09.02.2026. Hence, the petitioner is before this Court with this writ petition.

3.The learned counsel for the petitioner would submit that a direction be issued to the respondents to revoke the order of suspension dated 09.02.2026 by

taking note of Rule 17(e)(5) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules as also G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the facts and circumstances of the case, the respondents are directed to review the suspension order by taking note of Rule 17(e)(5) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules as also G.O.Ms.No.81, Human Resources Management (N) Department dated 04.08.2022. The respondents shall also take note of the fact that it is purely a private dispute between a husband and wife arising out of matrimonial proceedings and fact that the petitioner, who has been attacked and filed an FIR earlier, has been placed under custody only on the basis of a later complaint. For the said purpose, the petitioner is now directed to file a fresh representation before the respondents, within a period of two (2) weeks from the date of receipt of a copy of this order and thereafter, the respondents shall consider the same and pass appropriate order, on merits and in accordance with law, within a period of three (3) weeks thereafter.

6. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 18-03-2026 Index: Yes/No Speaking/Non-speaking order TSG To

1. The Director Fire and Rescue Services, Egmore, Chennai- 600 008.

2. The Deputy Director North Western Region, Deputy Director Office, Fire and Rescue Services, Infanty Road, Kozapet, Vellore - 632 001.

3. The District Officer District Office, Fire and Rescue Services, Collectorate Campus, Vengikal, Tiruvannamalai - 606 601.

P.T.ASHA, J.

TSG 18-03-2026