Kerala High Courts Stays Termination Of Divisional Warden For Allegedly Using Logo Of 'Civil Defense Service' Without Authority

Justice Basant Balaji has granted an interim stay against the (Ext P7). “ In the meanwhile, there shall be an interim stay of Exhibit P7 for a period of one month pertaining to the petitioner alone”, stated the Bench.

The Government Pleader took notice on behalf of the Regional Fire Officer, Ernakulam Division and The Director General of the Fire and Rescue Service.

The petitioner is a former defence personnel who was engaged as a Divisional Warden in Civil Defense Service (CDS) in the Ernakulam Division. The CDS is a voluntary organization established under the Civil Defense Act which aids people affected by disasters and supports Armed, Police forces and Defence Management Authorities. In Kerala, the CDS works under the Fire and Rescue Services.

The petitioner alleges that he was removed from his service by issuance of an order (Ext. P7) without following any procedures and in absolute disregard and non-compliance of the principles of natural justice.

The allegation against the petitioner was that he used the logo of the CDS and the Kerala Fire and Rescue Services without authority. He had allegedly issued a show cause notice containing the logo to a subordinate officer without authority. The show cause notice became public and gained attention of the print and other media. The plea stated that allegedly, an enquiry was carried against the petitioner, as a result of which he was removed from service without issuance of a charge sheet or an enquiry report.

“the allegations levelled in the unilaterally passed Ext. P7 Order is that the petitioner made use of the logo of the Civil Defense and that of the Kerala Fire & Rescue Services without authority. Even assuming the contentions true, when such a wrongful allegation is levelled against the petitioner, the respondents are duty bound to hold an enquiry to ascertain the veracity of the same, which is not done till date. The petitioner has not been served with any notice or memo of any enquiry proceedings and the unilateral act of the respondent in terminating the petitioner is against his fundamental rights and against all established principles of natural justice”, stated the plea.

The plea was moved by Advocates Rajesh Vijayendran, Asok Chacko Thomas, Sidhiqul Akbar K.A., Midhun V.B.

Case title: Binu Mitran v Regional Fire Officer

Case number: WP(C) NO. 5689 OF 2024

Click here to read/download Interim Order