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Maulana Saiful Islam & Others v. Distt. Minority Welfare Officer & Others - WRIT - A No. 12556 of 1999 [2005] RD-AH 5705 (14 November 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No.27

1. Civil Misc. Writ Petition No. 12556 of 1999

Maulana Sai ful Islam and others            .......Petitioners


District Minority Welfare Officer

Mau and others                                          ....Respondents.              

2.Civil Misc. Writ Petition No.7868 of 1999

Ansar Alam and others                             .....Petitioners.


District Minority Welfare Officer

and others                                                .....Respondents.

3.Civil Misc. Writ Petition No.7867 of 1999

Najmul Huda and another                       ......Petitioners.


District Minority Welfare Officer

Mau and others                                      ......Respondents.      


Hon'ble Vikram Nath J.

The services of the petitioners was governed by U.P. Ardhshasakiya Arbi Tatha Farsi Madrasa Niyamawali 1987 (in short referred to as the Rule). This fact is not disputed by either of the side. It is further admitted position that the services of the petitioners was dispensed with in violation of Rule 33 and 34 of the aforementioned Rule without issuing any charge sheet, without holding a proper inquiry and without issuing a show cause notice. In such facts and circumstances the order dated 5.2.99 passed by the Manage of the Institution cannot be sustained and has to be set aside.

Accordingly, the impugned order of termination having been passed in violation of statutory Rule and in violation of principle of natural justice, without affording opportunity and without following the procedure is hereby quashed. It would further be open to the respondents to hold fresh inquiry in accordance with law as provided under the Rules within a period of four months from the date of production of certified copy of this order by the petitioner before the Manager of the Institution.

The writ petition is accordingly allowed. The consequences of the termination order having been set aside will automatically follow.

This order has been passed after hearing Sri Mustaquim Ahmad, holding brief of Sri M.A. Qadir learned counsel for the petitioner, Sri R.K. Ojha learned counsel for the Management and the Standing Counsel. It is made clear that the petitioner will extend full cooperation in the inquiry proceedings which is to be held pursuant to this order.

Dt. 14.11.2005



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