Ramavatar Shivprasad Agrawal And ... vs The Joint Charity Commissioner, ...
2017 Latest Caselaw 10000 Bom

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 NAGPUR BENCH : NAGPUR

                                                       WRIT PETITION NO.8214/2017

1.          Shri Ramavatar Shivprasad Agrawal,
            aged about 74 Yrs., Occu. Businessman, 
            R/o  New Town Badnera, 
            Tq. and Distt. Amravati.
2.          Shri Vallabh Ghisulal Agrawal,
            aged about 69 Yrs., Occu. Businessman, 
            R/o Jaistambh Chowk, New Town, 
            Badnera, Tq. and Distt. Amravati.                                                                                                         ..Petitioners.
              ..Vs..
              The Joint Charity Commissioner,
              Amravati Region, Amravati.                                                                                                           ..Respondent.
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              Shri J.T. Gilda, Advocate for the petitioners. 
              Ms. T.H. Khan, A.G.P. for the respondent. 
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                                                                 CORAM :  Z.A. HAQ, J.

                                                                 DATE  :     21.12.2017.

ORAL JUDGMENT

1. Heard Shri J.T. Gilda, Advocate for the petitioners and Ms. T.H.

Khan, A.G.P. for the respondent, who has put in appearance as copy is served

on the office of Government pleader.

2. Rule. Rule made returnable forthwith.

3. The learned Advocate for the petitioners has pointed out from the

roznama (at page No.84 of the paper book) that on 15 th November, 2017 the

matter was adjourned for 15th December, 2017 for filing reply by the

petitioners, however, on 15th December, 2017 the charges came to be framed

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and relying on the charges, the petitioners are suspended under Section 41D(3)

of the Maharashtra Public Trusts Act, 1950. It is submitted that the charges

could not have been framed on 15 th December, 2017 even if there is a failure

on the part of the petitioners to attend the proceedings, and on that date at the

most the Joint Charity Commissioner could have proceeded ex parte against the

petitioners and kept the matter on some subsequent date for framing of

charges.

The submission made on behalf of the petitioners, as above, has to

be accepted. The learned Joint Charity Commissioner could not have framed

the charges against the petitioners on 15 th December, 2017 as the matter was

not fixed on that date for that purpose.

4. Hence, the following order:

(i)                  The impugned order is set aside.
(ii)                 All   consequential   actions   taken   as   per   the   impugned   order   shall
stand nullified.
(iii)                The petitioners undertake to file their reply before the Joint Charity
Commissioner till the next date.

The learned Joint Charity Commissioner shall accept the reply of the petitioners on record and proceed in the matter according to law.

(iv) Rule is made absolute in the above terms.

(v) In the circumstances, the parties to bear their own costs.

(vi) An authenticated copy of this judgment be supplied to the learned A.G.P. to act upon.

JUDGE Tambaskar.