HAFIZ MOHD KHALID Vs. DELHI WAKF BOARD

JUDGEMENT

(1.) THE petitioner challenges the order dated 1st June, 2009 in OA No. 476 of 2009 titled Hafiz Mohd, Khalid Vs Delhi Wakf Board passed by the Central administrative Tribunal, Principal Bench, New Delhi, whereby petitioner's petition challenging his suspension order dated 12th August, 2004 and his plea for reinstatement as an Imam in Madina Masjid under Delhi Wakf Board were declined.

(2.) THE petitioner contended that he was appointed as an Imam of Medina Mosque on honorary basis with the condition that the petitioner as an Imam of a Masjid under Delhi Wakf Board could be terminated or transferred at any time from the post of Imam. A complaint was filed by one mst. Shahida Khatoon against the petitioner, who was working at his residence that she was raped by the petitioner. Consequently an FIR No. 448 of 2004 under section 376 of Indian Penal Code was registered and a criminal prosecution under Session Case NO. 136 of 2004 was initiated against the petitioner. On account of the criminal case against the petitioner, he was placed under suspension from the post of Imam on 12th August, 2004. The Sessions Court, however, found that Mst. Shahida Khatoon, prosecutrix, to be a consenting party and consequently the petitioner was acquitted of the charge of raping her by being given benefit of doubt. While acquitting the petitioner on the charges of rape, the Sessions Court had held the conduct of the petitioner was deplorable on account of having illicit relations with the prosecutrix being an Imam of the Mosque.

(3.) AFTER the petitioner had been acquitted on account of being given benefit of doubt, he applied for reinstatement. However, the Wakf Board after considering the facts and circumstances, declined to reinstate the petitioner holding that since element of moral turpitude was involved, the petitioner was not entitled to hold the honorary post of an Imam. Acquittal of the petitioner on account of benefit of doubt given to him has also not become final as the prosecutrix has filed a revision petition being criminal Revision No. 521 of 2006 against the acquittal of the petitioner on account of benefit of doubt, which was admitted and is pending adjudication in the High Court.