LAWS(CHH)-2018-7-258

CHHATTISGARH STATE WAQF BOARD THROUGH ITS CHAIRMAN MOHD SALIM ASHRAFI Vs. STATE OF CHHATTISGARH THROUGH SECRETARY SCHEDULED CASTE AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT

Decided On July 09, 2018
Chhattisgarh State Waqf Board Through Its Chairman Mohd Salim Ashrafi Appellant
V/S
State Of Chhattisgarh Through Secretary Scheduled Caste And Scheduled Tribes Development Department Respondents

JUDGEMENT

(1.) The challenge in the present Writ Petition is to the order Annexure-P/1 dated 30/10/2017 whereby the services of one Dr. S.A.Farooqui, the Chief Executive Officer of the petitioner Chhattisgarh State Waqf Board has been repatriated back to the service of the State Government.

(2.) The counsel for the petitioner submits that, the CEO Dr. S.A.Farooqui infact after his appointment to the Waqf Board came under the direct administrative control of the Waqf Board and the State Government could have taken back his service without the knowledge and consent of the petitioner. He further submits that, issuance of Annexure-P/1, has created a situation where the petitioner - Waqf Board is left with no CEO thereby causing great difficulties in execution of day to day working of the Waqf Board. This has also been brought to the notice of the State Government by a detailed representation Annexure-P/12 dated 14/11/2017 and by subsequent reminders.

(3.) Perusal of record would show that, the earlier CEO Dr. S.A.Farooqui substantially is an employee of the State Government working with the Animal Husbandry and Development Department of State and he was temporarily sent as a CEO of the Waqf Board.