V.Prabakaran v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2025
CORAM
THE HONOURABLE MS. JUSTICE P.T. ASHA W.P.No.31578 of 2025 and W.M.P.Nos.35391 and 35392 of 2025 V.Prabhakaran
...Petitioner
Vs.
1. The Director Tamil Nadu Fire and Rescue Services, Egmore, Chennai - 600008.
2. The Joint Director, Western Region, Tamil Nadu Fire and Rescue Services, Coimbatore - 641018.
3. The District Officer, Tamil Nadu Fire and Rescue Services, Tiruppur District.
4. Prabhashini
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the 1st Respondent in RC.No.13124/A3/2024 dated 20.03.2025 and order passed by the 2nd respondent in Na.Ka.No.1125/A1/2023 order dated 18.07.2024 is illegal and quash the same and consequential 1/7
direction or nature of direction directing the respondents to direct the 1st respondent to reinstate the petitioner with consequential benefits. For Petitioner :
Mr.K.Rajendra Prasad For Respondents :
Mr.G.Nanmaran, Special Government Pleader
O R D E R
The writ petition is filed for the relief herein below set out: " calling for the records relating to the order passed by the 1st Respondent in RC.No.13124/A3/2024 dated 20.03.2025 and order passed by the 2nd respondent in Na.Ka.No.1125/A1/2023 order dated 18.07.2024 is illegal and quash the same and consequential direction or nature of direction directing the respondents to direct the 1st respondent to reinstate the petitioner with consequential benefits."
2. The brief facts which has culminated in the filing of this writ petition are set out below:
2.1. The petitioner seeks to quash the order passed by the 1st respondent in and by which the punishment of termination was modified to that of compulsory retirement. The proceedings had been initiated against the 2/7
petitioner on account of the bigamous marriage that was contracted by him. The charge is based on the complaint given by his first wife, Prabhashini. The complaint was that during the subsistence of his marriage with Prabhashini, he had contracted a second marriage with one Karthika and through her, he has two daughters, namely Genelia Angel and Jepsy. The petitioner had also nominated the said Genelia Angel as his nominee for the death cum retirement gratuity. A domestic enquiry was conducted based on the documents that had been produced for scrutiny, the disciplinary Authority had passed the impugned order and removed him from service.
2.2. The petitioner had challenged the same and he had preferred appeal before the 1st respondent. The 1st respondent after considering the petitioner's future and family settlement had taken the lenient view and modified the said order to that of "compulsory retirement".
3. Challenging the same, the petitioner is before this Court, the learned counsel for the petitioner would argue that the domestic enquiry had not been conducted properly and he had not contracted second marriage and therefore 3/7
the order is perse bad.
4. However, the learned counsel appearing for the respondent would submit that there was sufficient material before the 2nd respondent to show that the petitioner had contracted a second marriage during the subsistence of his earlier marriage and thereafter it is only that an order for dismissing him from service had been passed which has been sympathetically considered by the 1st respondent who modified the same to one of "compulsory retirement". Therefore he would submit, the order cannot be found fault with.
5. Heard the learned Counsels on either side and perused the records.
6. On perusal of the Aadhar Card of the said Karthika, it would show that she describes herself as wife of V. Prabhakaran, the petitioner herein. That apart, it is also found through investigation that the petitioner was residing at the same house with his two wives and four children. Two children through his first wife and the other two children through his second wife for over and above 10 years. Further, in the nomination for his death cum 4/7
retirement gratuity, he has included the name of his daughter Genelia Angel born through Karthika and there is no explanation offered as to why her name has been included.
7. That apart, in the Aadhar card of his daughter Genelia, it describes her as the daughter of V.Prabhakaran, the petitioner herein, working in the Fire Services which clearly proves that the complaint made against the petitioner, stood proved. These documents would clearly show that the allegation made by the first wife regarding the second marriage stands proved.
8. In the light of the above observations, this Writ petition is dismissed. Consequently connected miscellaneous petitions are closed. There shall be no order as to costs.
22.08.2025 Shl Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No 5/7
To
1. The Director Tamil Nadu Fire and Rescue Services, Egmore, Chennai - 600008.
2. The Joint Director, Western Region, Tamil Nadu Fire and Rescue Services, Coimbatore - 641018.
3. The District Officer, Tamil Nadu Fire and Rescue Services, Tiruppur District.
6/7
P.T.ASHA J.
shl W.P.No.31578 of 2025 and W.M.P.Nos.35391 and 35392 of 2025 22.08.2025 7/7