SAROJ ASHOK SONTAKKE Vs. ISAAC BABURAO MANWATKAR

JUDGEMENT

(1.) The question that arises for consideration in this writ petition is whether the power of review can be exercised by the Deputy Charity Commissioner while holding an enquiry under Section 22 of the Maharashtra Public Trusts Act, 1950 (for short, the Act of 1950).

(2.) The facts giving rise to this writ petition are that the petitioner is the reporting trustee who has filed Change Report No.1110/2004 seeking to report a change that had occurred in respect of a public Trust duly registered under the provisions of the Act of 1950. In those proceedings the reporting trustee filed an application seeking delivery of interrogatories. A reply was filed by the respondents and on 28/04/2015 the learned Deputy Charity Commissioner rejected that application. The reporting trustee thereafter filed an application for a review of that order alongwith an application for condonation of delay. The learned Deputy Charity Commissioner by the impugned order was pleased to reject the application for review on the ground that there was no provision in the Act of 1950 conferring the power of review for being exercised. Being aggrieved the said order has been challenged by the reporting trustee.

(3.) Shri K. Gour, learned counsel for the petitioner submitted that the learned Deputy Charity Commissioner committed an error in holding that the power of review was not conferred under provisions of the Act of 1950. According to him while adjudicating the proceedings under Section 22 of the Act 1950, the Deputy Charity Commissioner exercises judicial powers as conferred by Section 73 of the Act of 1950. The same powers as are vested in Courts while trying a suit are conferred on the Officer holding such enquiry. Referring to provisions of Rule 7 of the Maharashtra Public Trusts Rules, 1951 (for short, the said Rules) it was submitted that while holding such enquiry under Section 22 of the Act of 1950, the procedure prescribed for the trial of suits under the Provincial Small Causes Courts Act, 1887 (for short, the Act of 1887) is required to be followed.