THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Public Interest Litigation No.326 of 2014 DATE: 29.12.2014 Between:
Syed Abdul Khader Quadri Hussaini Alam road, Hyderabad and others.
… Petitioners And The State of Telangana, Represented by its Principal Secretary, Minorities Welfare Department, Hyderabad and others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Public Interest Litigation No.326 of 2014 Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We are of the view that this petition should not be entertained on the basis of some suspicion and doubt.
It is mentioned in paragraph-11 of the affidavit filed in support of the petition to doubt the integrity of the enquiry officer as follows:
“Further, I am inclined to believe that Enquiry Officer who is obviously acting under the ill-influence exercised by the 5th respondent herein, is in a hurry to submit his report exonerating the 5th respondent of all the charges levelled against him, so as to facilitate the 5th respondent, not only to get reinstated as Mutawalli of the said wakf institutions, but also to help him to contest further post of Member of A.P. State Wakf Board, which may be constituted in the near future.”
We think that the aforesaid allegations of bias without any shred of evidence are not good enough to dislodge an enquiry officer, who has been appointed under the law. If any report is prepared with any infirmity or illegally, that can always be challenged before the appropriate forum. Therefore, we cannot pre-judge the mind of the enquiry officer taking note of the above allegation. However, we believe that the enquiry officer will act fairly and impartially.
Without passing any order, observing as aforesaid, we close this Public Interest Litigation.
Consequently, the miscellaneous petitions, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 29th December, 2014 Pnb/gbs