Madras High CourtWP/34427/2022disposed of

P.Sundararajan v. The Director

2023-01-03Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P. Nos.33883 and 33884 of 2022 P.Sundararajan ..

Petitioner vs.

1. The Director, Tamil Nadu Fire and Rescue Service, No.17, Rukamni Lakshpathi Salai, Egmore, Chennai - 600 008.

2. The District Officer, Department of Tamil Nadu Fire and Rescue Service, South Chennai, Ashok Nagar, Chennai - 83.

3. V.Sankar ..

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari Mandamus, calling for records pertaining to the impugned notice dated 19.12.2022 in Na.Ka.No.622/Uma/a.(the)/2022 issued by the 3rd respondent and quash the same as illegal consequently direct the 3rd respondent to issue relevant material of the charge memo.

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For Petitioner :

Mr.G. Murugendran for Mr.R.Raghul For Respondents :

Mr.Stalin Abimanyu Addl. Govt. Pleader

ORDER

The grievance of the petitioner in this writ petition is that he was not allowed to take the assistance of a retired employee in the disciplinary proceedings initiated against him by the respondents.

2. The learned Additional Government Pleader appearing for the respondents has placed before this Court the Proceedings of the 2nd respondent dated 26.12.2022 under which, it has been made clear that the petitioner can seek the assistance of a retired employee in the disciplinary proceedings initiated against him. It is also mentioned in the Proceedings dated 26.12.2022 that the documents sought for by the petitioner has also been furnished to the petitioner. Since the grievance of the petitioner has been redressed as seen from the Proceedings of the 2nd respondent dated 26.12.2022 which is placed on record, this writ petition is disposed of by recording the said Proceedings, wherein, the respondent has agreed for the petitioner to take the assistance of a retired employee in the disciplinary proceedings initiated against him. 2/4

3. Since the prayer sought for in this writ petition has been achieved, nothing survives for further adjudication in this writ petition.

4. The petitioner shall co-operate in the enquiry proceedings and shall participate in the same and similarly the respondents shall also pass final orders on merits and in accordance with law. Consequently, connected miscellaneous petitioners are closed.

5. No costs.

03.01.2023 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To :

1. The Director, Tamil Nadu Fire and Rescue Service, No.17, Rukamni Lakshpathi Salai, Egmore, Chennai - 600 008.

2. The District Officer, Department of Tamil Nadu Fire and Rescue Service, South Chennai, Ashok Nagar, Chennai - 83.

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ABDUL QUDDHOSE, J.

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