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Madras High CourtWP/45729/2025disposed of with direction

S.Saseedhar v. The State Of Tamilnadu

2025-12-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.45729 of 2025 and W.M.P.No.50964 of 2025 S.Saseedhar ... Petitioner Vs

1. The State of Tamil Nadu, Represented by its Secretary to Government, Home (SC) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Fire and Rescue Services, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Deputy Director of Fire and Rescue Services, Vellore, Chennai.

4. The District Officer, Tirupattur Fire Station, Tirupattur, Vellore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the impugned orders of the fourth respondent made in his proceedings in Charge Memo Ku.Pa.No.17/2025 (Na.Ka.No.4790/Aa/2025) dated 31.07.2025 and to quash the same.

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For Petitioner : Mr.P.Kumaravel For Respondents : Mr.Baladhandayutham Special Government Pleader

ORDER

This Writ Petition has been filed to quash impugned orders of the fourth respondent made in his proceedings in Charge Memo Ku.Pa.No.17/2025 (Na.Ka.No.4790/Aa/2025) dated 31.07.2025.

2. The facts of the case are as follows:

The petitioner who was an ex-serviceman, joined as driver in the Tamil Nadu Fire & Rescue Services in 2018. Initially, he was served with show cause notice under Rule 17 (a) for failing to report for night duty and imposed punishment on him of postponement of two increments with cumulative effect. The same officer revised the order, reducing the punishment to without cumulative effect. Thereafter, petitioner preferred an appeal and during the pending appeal, fourth respondent issued charge memo dated 31.07.2025 under Rule 17 (b). Hence, the present petition has been filed.

3. The learned counsel for the petitioner submitted that this Court may permit the petitioner to participate in the enquiry by giving detailed 2/5

explanation to the enquiry report submitted by the respondents.

4. Heard the learned counsel for both side and perused the materials available on record.

5. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court, without going into the merits of the case, grants liberty to the petitioner to take all the defense by submitting his explanation to the enquiry report. Upon satisfaction, the second respondent shall pass appropriate orders after following due process of law within a period of four weeks from the date of receipt of a copy of this order. 6 6. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. 02.12.2025 rli 3/5

To

1. The State of Tamil Nadu, Represented by its Secretary to Government, Home (SC) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Fire and Rescue Services, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Deputy Director of Fire and Rescue Services, Vellore, Chennai.

4. The District Officer, Tirupattur Fire Station, Tirupattur, Vellore District.

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M.DHANDAPANI.J., rli W.P.No.45729 of 2025 02.12.2025 5/5