Babruwan v. Madhav

Mr.V.D.Salunke, advocate for the petitioners. Mr.S.P.Urgunde, advocate for Respondents No.1 to 4. Mr.Madhav Ghode, advocate for Respondents No.5 & 6. Mr.K.A.Kadam, advocate for Respondents No.7 & 8. CORAM : R.M.BORDE, J. DATE : 05th March, 2012. PER COURT: 1 The learned Joint Charity Commissioner, Latur Region, Latur, directed conversion of proceedings initiated on an application tendered by the petitioners herein under Section 41D of the Bombay Public Trusts Act, 1950 for initiation of inquiry against erring trustees in the suo motu proceedings and the said action of the Joint Charity Commissioner is subjected to challenge in this writ petition. 2 The petitioners herein tendered an application before the Joint Charity Commissioner, Latur Region, Latur for initiating action of suspension or removal of the erring trustees in exercise of powers under Section 41D of the Bombay Public Trusts Act. The Joint Charity Commissioner took cognizance of the complaint and initiated action {2} wp976011.odt against erring trustees and further the Joint Charity Commissioner was pleased to direct initiation of inquiry and framing charges against the petitioners who are trustees of the trust.

The learned Joint Charity Commissioner, by virtue of order dated 08.06.2009, directed that the proceeding is converted into suo motu proceeding and the Inspector from Assistant Charity Commissioner Office, Latur, shall proceed with the proceeding and take further steps for production of evidence before the authority. 3 According to the petitioner, the proceedings which are commenced at their instance, cannot be converted into suo motu proceedings and petitioners cannot be denied an opportunity to prosecute the complaint tendered by them. It is contended that the Joint Charity Commissioner is empowered to initiate suo motu proceedings and frame charges against the trustees under Section 41D of the Act. The proceedings, which are initiated against the petitioners under Section 41D of the Act by the Joint Charity Commissioner, can be proceeded with separately. However, the proceedings, which are initiated against the erring trustees at the instance of the petitioners, cannot be converted into suo motu proceedings thereby depriving opportunity to the petitioners to substantiate the charges levelled against the trustees.

4 An identical issue come up for consideration before the learned Single Judge of this Court in Writ Petition No.7903 of 2010 and while disposing of the writ petition on 31.01.2012, the learned Single Judge has issued directions to the Joint Charity Commissioner to permit the petitioner therein to prosecute the proceedings under Section 41D of the Act, initiated at his instance and not to treat the proceedings as suo {3} wp976011.odt motu proceedings initiated at the instance of Joint Charity Commissioner. Similar course can be adopted in the instant matter also. 5 The Joint Charity Commissioner, Latur Region, Latur, is directed to proceed with the application tendered by the petitioners under Section 41D of the Bombay Public Trusts Act, 1950 for taking action against the erring trustees and decide the same in accordance with law without treating the proceedings to be suo motu one initiated against the petitioners.