IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 29.04.2025 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.6505 of 2022 and WMP.No.6582 of 2022 R.Anvardeen ... Petitioner Vs.

THE CHIEF EXECUTIVE OFFICER, Tamil Nadu Waqf Board, No.1, JAFFER Syrang Street, VallaiSeethakathi Nagar, Chennai-600 001.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, call for the records relating to the impugned Proc. No.4857/E1/2021 dated 28.02.2022 on the file of the Respondent and quash the same.

For Petitioner : Mr.Om Prakash Senior Counsel for Mr.S.Kumaradevan For Respondent: M/s.C.Shankar

ORDER

Writ petition is filed for issuance of a writ of Certiorari, to quash the impugned order dated 28.02.2022, of the respondent, whereunder the salary of the petitioner was attached for recovery of a sum of Rs.3,00,000/- allegedly misappropriated by the petitioner.

2. The petitioner was recruited through Employment Exchange by the Tamil Nadu Waqf Board, on 19.09.2008, on consolidated pay and on temporary basis. The petitioner was posted as Personal Assistant to the Chairman of the Board. The petitioner was thereafter appointed as a permanent staff as Junior Assistant/Waqf Inspector, for Villupuram District by proceedings dated 07.02.2011. The petitioner was placed in-charge of District Waqf Board, Cuddalore. While the petitioner was working as Waqf Inspector, he was suspended from service on 06.08.2014, on the allegations of misappropriation of funds of the Waqf board. On 21.11.2014, a charge memo was issued to the petitioner and thereafter, on 05.02.2015, an enquiry officer was appointed. The enquiry officer conducted a detailed enquiry and submitted his report on 19.02.2015, to the Disciplinary Authority, the respondent herein. The enquiry officer found that in respect of 3^rd charge relating to the issue of cheque of Rs.3,00,000/- from the mosque account in favour of third party, that it went unaccounted resulting in misappropriation of Rs.2,00,000/- from the Waqf funds. The enquiry officer in his report found that the 3^rd charge with regard to the misappropriation of Rs.2,00,000/- from the mosque account was partly proved and therefore, suggested that the charge may be administratively decided. The respondent on 24.02.2015, called upon the petitioner to submit his further explanation to the enquiry report by enclosing a copy of the same. On 03.03.2025, the petitioner submitted his detailed explanation to the enquiry officer's report. After considering the same, the respondent passed the punishment order on 09.03.2015, imposing punishment of stoppage of increment, for a period of one year with cumulative effect. In view of the said order, the petitioner's suspension was revoked, and he was reinstated and posted as A1 Junior Assistant in Head office of Waqf Board. The petitioner thereafter preferred an appeal against the aforesaid punishment order on 06.04.2015. In the petitioner's appeal, the Chairman, Waqf Board vide order dated 03.03.2016, modified the punishment of stoppage of increment for a period of one year with cumulative effect to one without cumulative effect. The petitioner preferred further appeal on 30.03.2016, to the Appellate Authority, under the Tamil Nadu Waqf Board and the same was pending. Meanwhile, the petitioner was temporarily promoted as Junior Assistant on 28.12.2016. Whileso, one Mohamed Jiaudin submitted a petition to the Chairman of the Board, raising certain allegations against the petitioner and seeking action. So also, one Jahir Hussain filed writ petition in W.P.No.4321 of 2019, for a Writ of Mandamus seeking direction to the respondent to place his complaint dated 04.01.2019, against the petitioner along with other complaints made by other persons before the Tamil Nadu Waqf Board, for enquiry within a stipulated time. In the said writ petition, interim orders were passed, in pursuance of which, the petitioner was issued a notice of enquiry, to w