Madras High CourtWP(MD)/14781/2023disposed of

Manimurugan .S v. The District Fire Officer

2023-06-22Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.14781 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14781 of 2023 AND W.M.P.(MD)No.12466 of 2023 S.Manimurugan ... Petitioner Vs.

1. The District Fire Officer, Tamil Nadu Fire & Rescue Service, Virudhunagar District, Virudhunagar.

2. The Station Fire Officer, Tamil Nadu Fire & Rescue Service, Aruppukottai, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to call for the records relating to the proceedings of the 1st respondent made in Na.Ka.No.8974/Aa/2023 and Pa.Aa. No.168/2023 dated 15.06.2023 and quash the same. For Petitioner : Mr.V.Kannan For Respondents : Mr.T.Villavankothai, Additional Government Pleader.

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2 W.P.(MD)NO.14781 OF 2023

O R D E R

Heard the learned counsel on either side.

2. The petitioner challenges the impugned order of suspension. The grounds on which the order has been challenged are factual in nature. The allegation is that the petitioner assaulted the Station Fire Officer. The petitioner denies the allegation. On the other hand, he alleges that the Station Fire Officer abusively treated him on the occurrence date. The occurrence had taken place inside the room.

3. It will be difficult for the writ court to undertake the factual aspect. Therefore, in the interest of justice, I permit the petitioner to file a formal representation before the next higher authority, namely, Deputy Director of Fire and Rescue Service, Southern Region, Madurai. The said authority will review the order of suspension and pass a speaking order within a period of two weeks after receipt of the representation from the petitioner.

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4. With this liberty to the petitioner to move the higher authority and the direction to the Deputy Director of Fire and Rescue Service, Southern Region, Madurai, this writ petition stands disposed of. I make it clear that I have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed. 22.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Fire Officer, Tamil Nadu Fire & Rescue Service, Virudhunagar District, Virudhunagar.

2. The Station Fire Officer, Tamil Nadu Fire & Rescue Service, Aruppukottai, Virudhunagar District.

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4 W.P.(MD)NO.14781 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.14781 of 2023 22.06.2023 4/4