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Madras High CourtWP/15600/2020disposed of

M.Ganapathi v. The District Fire Officer

2021-08-16Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.15600 OF 2020 AND W.M.P.NOS.19457 & 19459 OF 2020 (Through Video Conferencing) M.Ganapathi ... Petitioner .Vs.

1. The District Fire Officer, Salem - 636 007.

2. The Station Fire Officer, Nangavalli Fire Station, Salem District - 636 454.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 08-06-2020 made in Pa.Vu.No.23/2020, Na.Ka.No.3649-A1-2020 passed by the first respondents and to quash the same, and consequently direct the respondents to re-instate the petitioner in service with all service benefits.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

The petitioner has filed this writ petition for a Certiorarified Mandamus, to call for the records relating to the impugned order dated 08-06-2020 made in Pa.Vu.No.23/2020, Na.Ka.No.3649-A1-2020 passed by the first respondents and to

quash the same, and consequently direct the respondents to reinstate the petitioner in service with all service benefits.

2. The petitioner has been named in a criminal proceedings and FIR has been lodged against him pursuant to which, he has been placed under suspension on 08.06.2020.

3. It is the case of the petitioner, there is family dispute within the family. He submits that the petitioner's family also filed a rival complaint against other members of the family which has been registered as FIR in Crime Nos.709 & 710 of 2020.

4. The learned counsel for the petitioner submits that there is a private dispute within the family and it has nothing to do with the service rendered by the petitioner as an employee of the respondent department.

5. After the petitioner was suspended on 08.06.2020, the petitioner sent representation to the first respondent dated 05.08.2020. However, the said representation has not evoked any response from the respondents and therefore the present writ petition has been filed.

6. Considering the above submission, this Court is inclined to dispose this writ petition by directing the respondents to consider the petitioner's representation dated 05.08.2020 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order in accordance with law. While passing such order, the respondents shall consider the ratio of the Hon'ble Supreme Court in Avtar Singh Vs Union of India, (2016) 8 SCC 471.

7. This Writ Petition is disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar arb To 1.

The District Fire Officer, Salem - 636 007.

2.

The Station Fire Officer, Nangavalli Fire Station, Salem District - 636 454.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No.40811 W.P.NO.15600 OF 2020 AND W.M.P.NOS.19457 & 19459 OF 2020 KSM(CO) PBS/03/09/2021