LAWS(UTN)-2007-11-11

CHAUDHARY RAEES AHMAD Vs. STATE OF UTTARAKHAND

Decided On November 01, 2007
Chaudhary Raees Ahmad S/o late Abdul Haq Appellant
V/S
State of Uttarakhand through the Principal Secretary and Commissioner, Social Welfare Department, Govt. of Uttarakhand, Respondents

JUDGEMENT

(1.) HEARD Learned Counsel for the parties. Counter affidavit has been filed today on behalf of respondent No. 4. The same be taken on record.

(2.) BY means of this writ petition, the petitioner has challenged the order dated 10.09.2007, passed by respondent No. 1 (copy Annexure -1 to the writ petition), whereby the petitioner, Chairman of the Uttarakhand Waqf Board, was removed from his post.

(3.) FROM the calendar, it is apparent that 8th of September 2007 was a second Saturday (holiday) and 9th of September 2007 was a Sunday, as such, the last date when the petitioner could have filed his reply was, infact, 10th of September 2007. It is only after 10th of September 2007, the Government could have passed the order removing the petitioner, if no reply is given. The impugned order, copy of which is Annexure -1 to the writ petition, shows that the impugned order removing the petitioner under Section 20(1)(b) of the Waqf Act 1995, is passed on 10th of September 2007, itself.