IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7125 of 2009 MD.NEZAMUDDIN . Versus THE STATE OF BIHAR & ORS . ----------- 3. 17.01.2011 Heard learned Counsel for the petitioner, for the State of Bihar and the learned Counsel appearing on behalf of the Sunni Wakf Board. Counsel for the Board submits that he has filed a counter affidavit in the Registry. The same is not available on record. Office is directed to trace it and place the same on the records of the case. The Court therefore requested the Counsel to make available his copy for perusal of the court so as not to forestall the proceedings on that ground. The petitioner as the Secretary of the managing committee was issued a show cause notice dated 25.9.2008 for supersession of the committee which he headed which has culminated into final order of supersession dated 10.11.2008. Learned Counsel for the petitioner makes a short submission that under Section 67(2) and (3) it is only the Board which is competent to issue a show cause notice and pass the final order of supersession. Learned Counsel for the Board is unable to demonstrate from the recitals contained in the impugned order or even from the counter affidavit that the show cause notice much less the final order has been issued by the Board. The impugned order clearly does not contain any recitals that the Chief Executive Officer was implementing the directions of the Board even if that were permissible when the statute required the Board to issue the impugned order by itself. The objection of the respondents with regard to the remedy of appeal before the Tribunal is unsustainable in view of the illegality of the original order. The impugned show cause dated 25.9.2008 and the final order dated 10.11.2008 are set aside. This shall be without prejudice to the rights of the Board to proceed afresh in accordance with law if so advised. The writ application stands allowed. Let a Xerox copy of the counter affidavit be retained on the records of the case. Snkumar/- (Navin Sinha,J.)