HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11327 OF 2014 Date:15.04.2014 Between:
Mohammed Faisal Ali Shah .. Petitioner And The Andhra Pradesh State Wakf Board, Having its Office at ‘Haj House’ Building, Nampally, Hyderabad, rep., by its Special Officer and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11327 OF 2014 ORDER:
The petitioner, who is a Muthavalli, is under suspension subject to an enquiry on the basis of the allegations appearing against him. The 4th respondent was appointed as an Enquiry Officer to conduct the enquiry in File No.02/Z1/T/Hyd/14/Supple, in pursuance of the orders of the Chief Executive Officer, Andhra Pradesh State Wakf Board, Razack Manzil, in F.No.02/Z1/T/Hyd/14, dated 28.02.2014. The grievance of the petitioner in the present writ petition is that the 4th respondent is under a mistaken impression to complete the enquiry within four weeks, as per the directions of this Court in W.P.No.7975 of 2014, dated 18.03.2014 and the Enquiry Officer is conducting the said enquiry without giving adequate opportunity to the petitioner. The petitioner has also made allegations with regard to attributing bias to the said Enquiry Officer but there is no material to substantiate the same and rightly, learned counsel for the petitioner does not press the said allegation.
Learned counsel for the petitioner points out that the order passed by this Court in W.P.M.P.No.9914 of 2014 in W.P.No.7975 of 2014, dated 18.03.2014, relates to a different enquiry initiated by a different complainant and the present enquiry is the subject matter of a different complaint. Learned counsel, therefore, points out that the directions to complete the enquiry as passed by this Court in the aforesaid order is being applied to the present enquiry, without keeping the distinction in mind that there are two separate enquiries and the aforesaid orders of this Court relates to some other enquiry.
Since the petitioner’s grievance is limited to the extent of ensuring that an adequate opportunity be given to him for defending himself in the said enquiry, I deem it appropriate to dispose of the writ petition by directing the 4th respondent to grant due and adequate opportunity to the petitioner and complete the said enquiry within four weeks from the date of receipt of a copy of this order. It is, however, made clear that the petitioner shall not take any undue adjournments and shall cooperate with the 4th respondent in expeditious disposal of the enquiry as directed above. It is needless to point out that the 4th respondent shall abide by the principles of law and natural justice and complete the enquiry and submit a report to the Chief Executive Officer, within the time as directed above. There shall be no order as to costs.
The miscellaneous petitions, if any, filed in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
15.04.2014 KH