SYED ABDUL HAMEED Vs. CHIEF EXECUTIVE OFFICER/ DISCIPLINARY AUTHORITY, KARNATAKA STATE BOARD OF WAKF AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the show-cause notice dated 18.01.2016 along with the Articles of Charges and seeking to quash the order dated 11.03.2016 which are impugned at Annexures 'G' and 'J' to the petition.

(2.) The petitioner is working as the Wakf Officer in the Head Office of the Karnataka State Board of Wakf at Bangalore. The petitioner was earlier working as the Wakf Officer, District Wakf Advisory Committee, Bangalore (Urban) District in the year 2005. Through the show-cause notice dated 18.01.2016 issued to the petitioner, it has been alleged that the petitioner had issued a No Objection Certificate ('NOC' for short) dated 30.04.2005 to one Smt.Naseem Taj W/o.Late Mohammad Sadiq Pasha, stating that the land bearing Sy. No.55 measuring 2 acres situated at Belahalli, Bangalore North Taluk is not a Wakf property. It is in that light the said person had secured the Revenue documents in respect of the property. The respondents having taken note of the same had sought for appropriate reasons from the petitioner for issuing the NOC in respect of Wakf property. The petitioner at that point in time during the year 2006 had put forth the explanation that the petitioner is not the signatory to the NOC relied on by Smt.Naseem Taj and had contended that the petitioner's signature had been forged.

(3.) In that view the respondents had directed the petitioner to file an appropriate police complaint and initiate action in that regard. The petitioner no doubt filed a police complaint. The matter had stood thus and presently in view of the resolution passed by the Board, action was initiated against the petitioner and the show-cause notice dated 18.01.2016 was issued and consequently through the order dated 11.03.2016, an Enquiry Officer was appointed. It is in that light the petitioner was before this Court assailing the Notice and the Order appointing the Enquiry Officer, since according to the petitioner the action presently initiated would affect his right inasmuch as the charge alleged against him is by issuing the show cause notice as far back as on 31.08.2005. It is in that light the petitioner is before this Court in this petition.