IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT APPEAL NO.1533 OF 2018(S-DE) BETWEEN SRI SYED ABDUL HAMEED S/O SYED ABDUL KHUDDUS AGED ABOUT 60 YEARS, OCC:WAKF OFFICER(C) KARNATAKA STATE BOARD OF WAKF NO.6, CUNNINGHAM ROAD BENGALURU-560 052 ... APPELLANT (BY SRI V B SIDDARAMAIAH, ADVOCATE) AND 1. THE CHIEF EXECUTIVE OFFICER/DISCIPLINARY AUTHORITY, THE KARNATAKA STATE BOARD OF WAKF NO.6, CUNNINGHAM ROAD BENGALURU-560052 2. THE ASSISTANT SECRETARY(ADM) AND INQUIRY OFFICER KARNATAKA STATE BOARD OF WAKF NO.6, CUNNINGHAM ROAD BENGALURU-560052 ... RESPONDENTS (BY SRI I THARANATH POOJARY, AGA) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 17/04/2018 PASSED IN WP NO.33832/2016 BY THE LEARNED SINGLE JUDGE AND QUASH THE IMPUGNED ORDERS ANNEXURE-G DATED 18/01/2016 BEARING NO.KBW/103/EST/82-83 AND ANNEXURE-J DATED; 11/03/2016 BEARING NO.KTW/103/EST/82-83 ISSUED BY THE RESPONDENT NO.1 RESPECTIVELY ALONG WITH COST.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, DELIVERED THE FOLLOWING:
JUDGMENT Show cause notice was the subject matter in the writ petition. The writ petition came to be dismissed with an observation that the show cause notice cannot be interfered on the ground of delay.
2. The appellant initially replied to the show cause notice stating that signature in the No Objection Certificate was not of him and the same has been forged. Thereupon, the appellant was informed to file a complaint before the police. Though complaint was filed, it was not properly pursued by him. Therefore, Wakf Board passed a resolution to initiate departmental enquiry against the petitioner and issued a show cause notice, which was questioned in the writ petition.
3. Ordinarily, show cause notice cannot be questioned under Article 226 of the Constitution unless it is issued without jurisdiction or it is in the form of a final order. The writ petition was dismissed keeping open all the contentions to be urged in the enquiry. There is an opportunity for the appellant to get exonerated from the charges. The valuable property belonging to Wakf Board is stated to have been usurped on the basis of the No Objection Certificate said to have been issued by the Wakf Board.
4. In that view of the matter, we are not inclined to interfere with the order passed in the writ petition. Accordingly, writ appeal is rejected. I.A.No.1 and 2/2018 do not survive for consideration and are accordingly disposed of.
SD/- JUDGE SD/- JUDGE KLY/