Senthilkumar.G v. The Deputy Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.8140 and 15616 of 2022 G.Senthilkumar ... Petitioner Vs 1.The Deputy Director, Fire and Rescue Services, Southern Region, Madurai, Madurai District.

2.The District Officer, Fire and Rescue Services, Thoothukudi District.

3.The Assistant District Officer, Fire and Rescue Services, Theni District, Theni.

4.The Station Officer, Thoothukudi Sipcot Fire and Rescue Services, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 06.06.2022 in Na.Ka.No.184/UmaA/2022 of the 3rd respondent served on the petitioner on 07.06.2022 and quash the same. 1/4

For Petitioner : Mr.G.Prabhu Rajadurai, For Mr.J.Anandkumar For Respondents : Mr.Veerakathiravan, Addl. Advocate General Assisted by Mr.A.K.Manikkam, Spl. Government Pleader.

ORDER

Heard the learned counsel for the petitioner and the learned Additional Advocate General for the respondents.

2.The writ petitioner is working as Fireman. By the impugned order, he has been called for enquiry. Challenging the same, the present writ petition has been filed.

3.The learned Additional Advocate for the official respondents states that one Selva Sundari obtained no objection certificate from Fire and Rescue Services Department for developing her property. In respect of the very same property, one Bharani Selvan also subsequently obtained no objection certificate. When this came to the knowledge of Selva Sundari, she complained to the second respondent. The second respondent gave a complaint against the said Bharani Selvan. The said Bharani Selvan in turn implicated the writ 2/4

petitioner herein. The department wants to hold an enquiry. Only to ascertain the truth, the impugned enquiry notice has been issued. 4.I am of the view that the employer is definitely entitled to unearth the truth, if any complaint is made against one of the employees. The enquiry notice by itself does not affect the rights of the writ petitioner. I therefore do not find any ground to interfere with the impugned enquiry notice and the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

22.09.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Deputy Director, Fire and Rescue Services, Southern Region, Madurai, Madurai District.

2.The District Officer, Fire and Rescue Services, Thoothukudi District.

3.The Assistant District Officer, Fire and Rescue Services, Theni District, Theni.

4.The Station Officer, Thoothukudi Sipcot Fire and Rescue Services, Thoothukudi District.

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G.R.SWAMINATHAN, J.

ias 22.09.2022 (2/2) 4/4