Rajesh G v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.21192 of 2025 G.Rajesh, Employee No.62, No.8/27, 3rd Street, Red Hills Road, Villivakkam, Chennai - 600 049.

.. Petitioner Vs.

1.The Chairman, Adhoc Committee, Indian Red Cross Society, Tamil Nadu Branch, No.32/50, Red Cross Road, Egmore, Chennai - 600 008.

2.The Finance and Administrative Officer, Indian Red Cross Society, Tamil Nadu Branch, No.32/50, Red Cross Road, Egmore, Chennai - 600 008.

.. Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to O.A.No.497 of 2024 dated 26.03.2024 on the file Central Administrative Tribunal, Chennai confirming the order of 1st respondent dated 26.02.2024 suspending the petitioner from the service and quash the same and consequently direct the 1st respondent to reinstate the petitioner into the service of Indian Red Cross Society, Tamil Nadu Branch as Manager, Disaster Management.

For Petitioner :

Mr.A.Veerasamy For RR 1 & 2 :

Mr.K.Nishanth

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) Before the Central Administrative Tribunal, the petitioner herein had challenged the order of suspension passed by the Finance and Administrative Officer of the Indian Red Cross Society of the Tamil Nadu Branch as well as the Speaking Order passed by the Adhoc Committee of the Indian Red Cross Society of the Tamil Nadu Branch. The Tribunal through the order impugned in the writ petition, had over ruled the objections of the applicant by recording that the Adhoc 2/5

Committee's decision to suspend, constitutes a policy decision and upholding that it was only exercising its day to day affairs. We are in agreement with the findings of the Tribunal.

2.At this juncture, the learned counsel for the respondents submitted that pending the writ petition, the petitioner herein was terminated from service by the Adhoc Committee on 15.07.2025. If the petitioner is aggrieved against his termination, the appropriate remedy would be to challenge the same in a manner known to law and no effective orders can be passed to the prayer sought for in the writ petition. On this ground also, the writ petition also does not require consideration.

3.It is also brought to our notice that the Rules of the Indian Red Cross Society of the Tamil Nadu Branch provides for an appellate remedy under Clause 5.7, read with Rule 5.12(e). However, since the appellate authority is not functioning as on date, the petitioner is granted liberty to approach the Central Administrative Tribunal, challenging the termination order, if he chooses to do so.

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4.With the above liberty, this Writ Petition stands closed. Consequently, the connected miscellaneous petition is closed. No costs. (M.S.R., J) (V.L.N., J) 21.07.2025 (3/3) krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Chairman, Adhoc Committee, Indian Red Cross Society, Tamil Nadu Branch, No.32/50, Red Cross Road, Egmore, Chennai - 600 008.

2.The Finance and Administrative Officer, Indian Red Cross Society, Tamil Nadu Branch, No.32/50, Red Cross Road, Egmore, Chennai - 600 008.

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M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

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