SYED NIZAM ALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A short question raised in this writ petition is as to whether the Chief Executive Officer, Karnataka State Board of Wakfs (for short 'the Board') has the authority to suspend the petitioner?

(2.) The short facts are that, pursuant to an order dated 25.01.2010 of the Board, the petitioner was appointed as Vice Chairman of Hazrath Tipu Sultan Shaheed Wakf Development Committee, Ganjam, Srirangapatna. Complaints having been received against the petitioner and an audit report also having been received on 31.03.2012, showing certain deficiencies, the Chief Executive Officer of the Board/2nd respondent, ordered suspension of the petitioner with reference to the power under sub-S.(5) of S.64 of the Wakfs Act, 1995 (for short 'the Act'), subject to ratification by the Board. This writ petition was filed to quash a show cause notice, as at Annexure-A and an Official Memorandum, as at Annexure-B, both issued on 19.04.2012 by the 2nd respondent.

(3.) Sri Vivek S. Reddy, learned advocate for the petitioner did not address any argument in support of the prayer for quashing of Annexure-A. Even otherwise, Annexure-A being a show cause notice and since, the petitioner has the opportunity to submit reply, which can be considered by the Board, I do not find any justification to quash the same.