A.K.Nagaraj v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.18686 of 2025 and W.M.P.(MD)No.14326 of 2025 A.K.Nagaraj ... Petitioner -vs1. The Director, Department of Fire and Rescue Service, Chennai.

2. The Deputy Director, Department of Fire and Rescue Service, South Region, Madurai.

3. The District Officer, Department of Fire and Rescue Service, Sivagangai District, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Suspension Order in proceedings bearing Na.Ka.No. 3493/Aa/2024 dated 23.08.2024 on the file of the 2nd respondent and quash the same and directing the respondents to reinstate the petitioner in his services.

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For Petitioner : Mr.V.Kannan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned Suspension Order issued by the second respondent in Na.Ka.No. 3493/Aa/2024 dated 23.08.2024 with a consequential direction to the respondents to reinstate the petitioner in the service.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 09.06.2025 is disposed of in accordance with law.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to 2/4

consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court directs the second respondent to consider the representation submitted by the petitioner dated 09.06.2025 on its own merits and pass appropriate orders, in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

10.07.2025 NCC : Yes/No Index : Yes / No 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Director, Department of Fire and Rescue Service, Chennai.

2. The Deputy Director, Department of Fire and Rescue Service, South Region, Madurai.

3. The District Officer, Department of Fire and Rescue Service, Sivagangai District, Madurai.

Order made in W.P.(MD)No.18686 of 2025 Dated:

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