JANARDHANA MISHRA ALIAS JANARDHANA PRASAD Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against an order passed by the Principal District Judge, Madurai on 15.12.1995 removing the petitioner herein from the post of Life Trustee of Lala Sri Renga Chatram Charities, Madurai. The proceeding was initiated by the District Judge in a show cause notice dated 16.11.1989 issued on the audit report dated 10.10.1989.

(2.) THE administration of the Trust is governed by a scheme decree in O.S. No.4 of 1915 on the file of the District Court, Madurai dated November 3, 1919. Clause 2 of the Scheme provides that the charities shall be administered by three trustees, of whom two shall be appointed by the Court and the second defendant therein shall continue to be a trustee in her own right for her life and shall be entitled to the customary honours enjoyed by the founder -s family. Clause 2(a) provides that the day today routine administration and management shall vest in the life -trustee, for the time being. Clause 5 reads as follows:

(3.) ON the 15th of February, 1989, the Principal District Judge, Madurai passed an order that the Auditor A.N. Sankaran appointed earlier had filed an audit report and no objection was filed thereto. The order refers to the publication of the balance sheet in the Auditor -s report in -Dhinamalar - and after hearing the Advocate for the trustees, the court directed the trustees to follow strictly the instructions given in the Audit report. In the said Audit report, while referring to the expenditure incurred by the Trustees, it was stated that the life trustees -boarding - lodging and local conveyance expenses were paid by the Trust though there had been no specific provision for the payment of the same. It is also stated in the report that it was being paid for past few years. The report said that the trustees should get proper sanction from the court for the expenditure. Thereafter, the trustees passed a resolution in a meeting held on 13.10.1989 referring to the report of the Auditor and the fact that the petitioner herein had for his personal expenses taken money on giving a voucher from out of the Trust funds, Rs.2,070 during the year 1985 -86, Rs.3,800 in 1986 -87, Rs.4,625 in 1987 -88, Rs.8,095 in 1988 -89, and Rs.1,500 in 1989 -90. Thus, the total sum of Rs.20,890 had been drawn by the petitioner herein. The resolution said that the same was being communicated to the court for appropriate action as indicated in the report of the Auditor. It is added therein that it was permitted because it was usual expenditure.