Decided on November 01,2007

Chaudhary Raees Ahmad S/o late Abdul Haq Appellant
State of Uttarakhand through the Principal Secretary and Commissioner, Social Welfare Department, Govt. of Uttarakhand,,Principal Secretary, Samaj Kalyan Vibhag, Government of Uttarakhand,Principal Secretary (Home), Government of Uttarakhand and Sunni Central Waqf Board Respondents


Prafulla C. Pant, J. - (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.
Brief facts of the case are that petitioner was appointed by the Government as Chairman of the Uttarakhand Waqf Board. It appears that on some complaints received by the Government against the petitioner, notices were issued to the petitioner to explain his conduct in the matter in relation to the allegations made against him, in the complaints. The allegations contained in the complaints included non -compliance of provisions of Section 65(1) of the Waqf Act, 1995, apart from other financial irregularities allegedly committed during the period 2005 -06 and 2006 -07, particularly, with regard to giving contracts to various persons without getting the same done by way of auction. It appears that vide Government letter dated 08.08.2007, the petitioner was asked to submit his reply, within fifteen days to the Government. On 20.08.2007, petitioner sought further fifteen days time to present his case. It appears that the period of fifteen days was allowed by the Government on 22.08.2007, specifically mentioning that the petitioner should file his reply latest by 8th of September 2007.

(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.

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