Telangana High Court
WP/40360/2012 of M.S Munawar Vs The A.P. State Wakf Board rep. by its Chief Executive on 31 December 2012
L. NARASIMHA REDDY WRIT PETITION No.40360 of 2012 ORDER: The petitioners are Muzawars of Dargah Hzt.Kareem Ullah Shah Quadri, popularly known as Kasmoor Dargah, Nellore District. The A.P. Wakf Board - 1st respondent, appointed the 2nd respondent as an enquiry officer under Sections 70 and 71
HONOURABLE SRI JUSTICE L. NARASIMHA REDDYWRIT PETITION No.40360 of 2012
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ORDER:
The petitioners are Muzawars of Dargah Hzt.Kareem UllahShah Quadri, popularly known as Kasmoor Dargah, Nellore District. The A.P. Wakf Board - 1[st] respondent, appointed the 2[nd] respondentas an enquiry officer under Sections 70 and 71 of the Wakf Act toenquire into certain allegations made as to the functioning of theemployees of the Dargah. The petitioners challenge the same. Theirprincipal contention is that the Wakf Board has a set of enquiry officersand instead of appointing one of them, the 1[st] respondent appointedthe 2[nd] respondent, who is an employee of the Wakf. They submit thatthe allegations made by the 3[rd] respondent are baseless.
2. Heard the learned counsel for the petitioners and the learnedStanding Counsel for the respondents 1 and 2.
3. Sections 70 and 71 of the Act empower the 1[st] respondent toappoint enquiry officers, to enquire into the allegations made inrelation to any Wakf Institution. The provision does not place anyrestriction as to the qualifications of the persons. In a given case, anoutsider can also be appointed as an enquiry officer. The mere factthat the 2[nd] respondent is an employee of the Wakf, does not operate as adisqualification against him. The petitioners would naturally be givenan adequate opportunity and if any adverse action is suggested, theycan certainly work out the remedies in accordance with law.
4. Accordingly, the Writ Petition is disposed of. There shall beno order as to costs. The miscellaneous petition filed in this writpetition shall also stand disposed of.
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L. NARASIMHA REDDY, J.