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2007 Supreme(Mad) 2430

A.KULASEKARAN
Joseph Lourdhunathan – Appellant
Versus
The State of Tamil Nadu rep. By its Principal Secretary to Government Home Department Fort St. George Chennai & Others – Respondent


For the Petitioner:G. Rajagopal, Senior Advocate for M/s. G. Bala & Daisy, Advocates. For the Respondents:R1 & 3, S. Gopinathan, Additional Government Pleader, R3, C.N.G. Ezhil Arasi, Advocate.

Judgment :-

The petitioner has come forward with this writ petition praying for a Writ of Certiorari calling for the records of the first respondent in G.O.2 (D) No.55 Home (SC) Department dated 16.02.2005 and quash the same.

2. The petitioner joined the Fire and Rescue Services Department as Station Fire Officer on 09.04.1979, after 25 years of service, he was promoted as Assistant Divisional Officer on 01.09.1995. In the meanwhile, on 07.06.1993, when the petitioner was serving as Station Fire Officer in Tirupur, M/s. Best Cotton Mills (P) Ltd, Dharapuram met with a fire accident. On 10.06.1993, one Namashivayam, Deputy Director, Fire and Rescue Service Department, Western Range, Coimbatore inspected the place of accident and the petitioner also accompanied him since the station fire officer, Dharapuram was on casual leave between 09.06.1993 and 11.06.1993. On hearing the visit of Deputy Director Namashivayam, the Station Fire Officer, Dharapuram cancelled his leave and he also visited the said place of occurrence. The petitioner reached the mill at 11.00 am and the deputy director entered the mill at 1.30 p.m. After completing the inspection, the Deputy Director left the mill at






















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