IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.39604/2015(GM-WAKF) BETWEEN:
SRI MUNAWAR PASHA S/O N.E. MOHAMMED GHOUSE AGED ABOUT 52 YEARS WORKING AS SECOND DIVISION ASSISTANT DISTRICT WAKF OFFICE, MUSLIM HOSTEL BUILDING SIR M.V. ROAD, SHIVAMOGGA-577201 ... PETITIONER (BY SRI. MADANGOUDA N. PATIL, ADV. FOR SRI.R.KOTHWAL, ADV.) AND 1. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKFS NO.6, CUNNINGHAM ROAD BENGALURU-52.
2. THE CHAIRMAN KARNATAKA STATE BOARD OF WAKFS NO.6, CUNNINGHAM ROAD BENGALURU-560052.
... RESPONDENTS (BY SMT. S.R.ANURADHA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO PROCEED AND CONCLUDE THE ENQUIRY AGAINST THE PETITIONER WITHIN THREE MONTHS IN RESPECT OF THE CHARGES LEVELED AGAINST THE PETITIONER PRIOR TO PASSING OF ORDER DTD.24.7.2013 PASSED BY THE R-1, VIDE ANNEX-A TO THE W.P. & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner is seeking direction to the respondents to proceed and conclude the enquiry against him and consider his representation dated 20.2.2015 vide Annexure-E.
2. The petitioner is an employee of the Karnataka State Board of Wakfs working in the cadre of SDA at District Office, Shimoga. Respondent-Board had initiated disciplinary enquiry against the petitioner. The respondent No.1 by order dated 24.7.2013 vide Annexure-A has imposed penalty on the petitioner. Being aggrieved by the order dated 24.7.2013 passed by respondent No.1, the petitioner preferred an appeal before the Appellate Authority. The Appellate Authority by order dated 12.12.2013 has remanded the matter to the Disciplinary Authority for holding fresh enquiry. Being aggrieved by the order dated 12.12.2013, the petitioner has challenged the same in W.P.Nos.7596-97/2014. This Court vide order dated 29.6.2015 disposed of the petitions and directed the Disciplinary Authority to conclude the enquiry against the petitioner. Paragraph 6 of the said order is relevant and same is extracted hereunder:
“6. Therefore to the said extent, the order dated 8.10.2013 passed by the Appellate Authority as at Annexure-D stands modified to hold that the remand made to the Disciplinary Authority shall be to the extent of holding the enquiry after providing opportunity to the petitioner to put forth his contention in respect of the charges that had bee leveled against him prior to passing of the order dated 24.7.2013.”
3. As per the order of this Court dated 29.6.2015 passed in W.P.Nos.7596-97/2014, the enquiry has not been concluded and hence the petitioner has given representation on 20.2.2015 to the respondents. Since no action has been taken by the respondents on the representation, the petitioner is before this Court.
4. Be that as it may, in the interest of the parties, without expressing any opinion on the merit, the respondents are directed to conclude the enquiry initiated against the petitioner within four months from the date of receipt of a copy of this order.
5. With the above observation, the writ petition is disposed of.
Sd/- JUDGE DM