Mu.Aariffaa v. The Director Of Tamil Nadu Fire And Rescue Services Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.26071 of 2021 and W.M.P.No.27514 of 2021 Mu.Aariffaa ... Petitioner vs.

1. The Director of Tamil Nadu Fire and Rescue Services Department, No.17, Rookmani Lakshmipathi Salai, Egmore, Chennai - 8.

2. Joint Director of Tamil Nadu Fire and Rescue Services Department, No.17, Rookmani Lakshmipathi Salai, Egmore, Chennai - 8.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records in Na.Ka.No.1857/Aa/2021 dated 11.05.2021 suspending the Petitioner from the post of Stationed Fire Officer Korukkupet, Chennai-118 passed by the 2nd respondent, quash the same.

For Petitioner : Mr.V.Venkataseshan For Respondents: Mr.Haja Nazirudeen Additional Advocate General Assisted by Mrs.S.Anitha Special Government Pleader

O R D E R

This writ petition has been filed seeking to issue a Writ of Certiorari, to call for the records in Na.Ka.No.1857/Aa/2021 dated 11.05.2021 suspending the petitioner from the post of Stationed Fire Officer Korukkupet, Chennai-118 passed by the 2nd respondent, quash the same.

2. According to the petitioner, the petitioner was placed under suspension by the 2nd respondent for seven charges levelled against the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1973 and alleging that she has misappropriated the funds. According to the petitioner, so far disciplinary proceedings has not been https://hcservices.ecourts.gov.in/hcservices/

concluded and the petitioner has been placed under prolonged suspension. Therefore, the impugned suspension order passed by the 2nd respondent is liable to be quashed.

3. The learned Additional Advocate General appearing for the respondents submitted that the disciplinary proceedings is still pending with the 2nd respondent/department. If any prescribed time is given, the said disciplinary proceedings would be concluded within that. Till such time, there is no need to interfere with the impugned suspension order.

4. In the light of the above submissions made by the parties, the 2nd respondent is directed to conclude the said disciplinary proceedings and pass appropriate orders in accordance with law, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall also undertake that she will co-operate with the 2nd respondent for concluding the said disciplinary proceedings. If there is any further delay on the part of the 2nd respondent to conclude the said disciplinary proceedings within the specified time, liberty is granted to the petitioner to seek appropriate remedy for revocation of the impugned suspension order.

5. With the above directions, the writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dm To

1. The Director of Tamil Nadu Fire and Rescue Services Department, No.17, Rookmani Lakshmipathi Salai, Egmore, Chennai - 8.

2. Joint Director of Tamil Nadu Fire and Rescue Services Department, No.17, Rookmani Lakshmipathi Salai, Egmore, Chennai - 8.

+1 cc to Mr.V.Venkataseshan, Advocate Sr.NO. 22145 +1 cc to Government Pleader Sr.NO. 22775 W.P.No.26071 of 2021 BS(CO) A.SK(26/04/2022) https://hcservices.ecourts.gov.in/hcservices/