IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2211 of 2010 Between: Smt. Muppu Raju Lakshmi, W/o.M.Siva Subrahmanyam Door No 2/74 Kondapalli (V) Ibrahimpatnam (M) Krishna Dist ..... Petitioner AND 1 The Andhra Pradesh State Wakf Board, rep.by its Chief Executive Officer, Haj House Complex, Nampally,Hyderabad 2 Sultan Mohiuddin Law Officer-I/ Enquiry Officer, A.P.State Wakf Board, Nampally, Hyderabad. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of writ of mandamus, declaring the proceedings of the 1st respondent appointing the 2nd respondent who is an employee of the Board as enquiry officer by proceedings No.2/PROT/KSN/09/Zone-VII, dated 01-2010, received on 27-01-2010 as being contrary to judgment rendered by this Hon’ble Court reported in 2003 (3) ALD, Page 269 and pass such other order or orders; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI SYED SHAREEF AHMED, Advocate for the Petitioner and of Sri Shafat Ahmed Khan S.C. for Wakf Board for the respondents, the Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Standing Counsel for the Wakf Board in detail. Post on 15-02-2010 ‘ for judgment’ in motion list. The question as to whether it is competent for the Chief Executive Officer to appoint any other individual as Enquiry Officer to conduct enquiry under Section 54(3) needs to be examined. There shall be interim suspension of the operation of the orders passed by the 1st respondent appointing the 2nd respondent who is an employee of the Board as enquiry officer by proceedings No. 2/PROT/KSN/09/Zone-VII, dated 01-2010 received on 27-01-2010. Sd/-V.T.V.KRISHNA RAO ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Chief Executive Officer, Andhra Pradesh State Wakf Board, Haj House Complex, Nampally,Hyderabad 2 Sultan Mohiuddin Law Officer-I/ Enquiry Officer, A.P.State Wakf Board, Nampally, Hyderabad.( 1 & 2 by RPAD) 3. One C.C.to Sri Syed Shareef Ahmed Advocate. (OPUC) 4.One C.C.to Sri Shafat Ahmed Khan Advocate. (OPUC) 5. one spare copy. HIGH COURT LNR.J DATED 5-02-2010 POST ON 15-02-2010 FOR JUDGMENT IN MOTION LIST. ORDER W.P.NO. 2211 OF 2010 INTERIM SUSPENSION Bsr Dt. 8-2-2010 HIGH COURT LNR.J DATED 5-02-2010 POST ON 15-02-2010 FOR JUDGMENT IN MOTION LIST. ORDER W.P.NO. 2211 OF 2010 INTERIM SUSPENSION