(1.) THIS writ petition was filed on 20-12-1993 challenging the order of suspension passed against the petitioner who at the relevant time was officiating Secretary, Husainabad, Shabnajaf and allied trust. It is not clear as to whether before appointing him as officiating Secretary approval of the State Government was obtained or not as no counter affidavit has yet been filed. It is also not clear as to whether before suspending him approval of the State Government as contemplated in Clause 12 of the scheme of management was obtained from the State Government.
(2.) LEARNED Standing Counsel has placed before this Court a letter dated 19-5-1995 which was seat by the District Magistrate/administrator, Husainabad trust to Sri N. H. Zaidi for asking him to submit his report. The order does not indicate that in what capacity Sri N. H, Zaidi was to submit his report because the letter does not even indicate that Sri N. H. Zaidi was appointed as inquiry officer. On the previous date we directed the learned Standing Counsel to produce the relevant file pertaining to disciplinary pro ceedings which were initiated against the petitioner but the same was not produced as according to Mr. S. A. H. Rizvi, counsel appearing on behalf of the trust. District Magistrate was busy on law and order duty in connection with a political rally. It is a matter of common knowledge that District Magistrate does not carry office file with him when he is away from his office in connection with the law and order duty. The file could have been obtained either from the office of the District Magistrate, who according to the respon dents, has been functioning as the Administrator of the said trust or from the office of the trust and produced the same, but it was nut done.
(3.) IT was vehemently argued by Sri S. A. H. Rizvi, learned counsel appearing for the respondents that Darooga simply manages the affairs of the management and he has no connection with the resolution and the deposit of the entry-fee. After the suspension of the petitioner, one Sri Husain Mehdi was appointed as Secretary In-Charge. The petitioner was not available to hand over the charge and therefore, the Committee passed the resolution on 4-5-1993 directing the petitioner to hand over the charge of the Secretary la-Charge and communication in that regard was sent to the petitioner on 5-5- 1993. IT was submitted that all the relevant documents were in the custody of the petitioners and he had not yet handed over the charge. IT was stated that an independent enquiry would be held in the matter.