The court disposed of a writ petition seeking a direction for the expeditious appointment of a Chief Executive Officer of the U.P. Sunni Central Waqf Board under Section 54 of the Waqf Act, 1995, observing the appointment was already made.
The writ petition was disposed of serving a notice as the mandatory appointment had been completed.
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Court No. - 32
Case :- WRIT - C No. - 11930 of 2019 Petitioner :- Hazi Ibrahim Respondent :- State Of U.P. And 26 Others Counsel for Petitioner :- Mohit Kumar Singh,Sujata Choudhary
Counsel for Respondent :- C.S.C.,Punit Kumar Gupta
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
This petition has been filed with the following reliefs :-
(i) issue a writ order or direction in the nature of mandamus commanding the respondent No.3 to decide the application dated 9.10.2015 u/s 54 of the Waqf Act, 1995 expeditiously within stipulated time fixed by this Hon'ble Court, (Annexure No.4 to the writ petition).
(ii) issue any other writ order or direction to which this Hon'ble may deem fit and proper in the facts and circumstances of the case.
(iii) award cost of the petition.
This Court has passed the following order dated 9.4.2019, which reads as follows :-
"Shri Raghvendra Dwivedi, learned standing counsel, upon instructions, has placed before this Court a communication dated 08.04.2019 (wrongly typed as '08.03.2019'), according to which two names were proposed for being considered for appointment as Chief Executive Officer of the U.P. Sunni Central Waqf Board. From the two names, consensus has been formed to appoint Shri Syed Mohammad Shoeb , Executive Engineer, U.P. State Construction and Infrastructure Development Corporation. It is further submitted by Shri Dwivedi that since the age of Shri Shoeb is 57 years and 2 months, as such, concurrence from the Finance Department is to be taken.
Shri Dwivedi has prayed for some reasonable time to ensure that the appointment of the Chief Executive Officer is made and duly notified in the official Gazette.
We fix this matter, as a fresh case, for 15.04.2019.
By the said date, if the notification is not produced, appointing the Chief Executive Officer, the Principal Secretary, Minority Welfare and Waqf, Government of U.P., Lucknow shall remain present before this Court, along with his explanation as to why the post of Chief Executive Officer is lying vacant.
We may also record here that we are not giving details of the orders passed by this Court in various writ petitions to ensure appointment of Chief Executive Officer, both at Allahabad and at Lucknow, but we expect that the Chief Executive Officer is appointed forthwith.
A copy of this order be provided to Shri Dwivedi, free of cost, today itself for necessary compliance."
Learned Standing Counsel has supplied a copy of the order dated 12.4.2019, which is taken on record, indicating therein that the respondents was pleased to appoint Shri Syed Mohammad Shoeb, Executive Engineer, U.P. State Construction and Infrastructure Development Corporation, Lucknow as the full time Chief Executive Officer of the Uttar Pradesh Sunni Central Waqf Board. The order dated 12.4.2019 is reproduced hereinbelow :-
"1. In exercise of the powers under sub-section (1) of section 23 of the Waqf Act, 1995 (Act no.43 of 1995), the Governor is pleased to appoint on deputation through body shopping Shri Syed Mohd. Shoeb, Executive Engineer, Uttar Pradesh State Construction and Infrastructure Development Corporation Lucknow, as the full-time Chief Executive Officer of the Uttar Pradesh Sunni Central Waqf Board.
2. Payment of Salary to Shri Syed Mohd. Shoeb will be given though Directorate Alpsankhyak Kalyan Uttar Pradesh to Corporation and Corporation will pay the salary to Shri Syed Mohd. Shoeb.
3. Before retirement Shri Syed Mohd. will submit his joining in his parent department."
Since the Chief Executive Officer of U.P., Sunni Central Waqf Board has been appointed by the State of Uttar Pradesh, as such, it is open for the petitioner to approach the Sunni Central Waqf Board to ventilate his grievance.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 15.4.2019 Rishabh
2 issues framed by the court
Whether a direction under Section 54 of the Waqf Act, 1995 for expeditious appointment of a Chief Executive Officer was necessary in view of the subsequent appointment.
Whether the petitioner can approach the Sunni Central Waqf Board to ventilate grievance after the appointment by the State Government.
2 provisions across 1 enactments
Hazi Ibrahim
State Of U.P.
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
