MANMATPPA Vs. SAMBHAPPA TRIMBAKAPPA GIRWALKAR

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) The petitioner who is respondent no.1 in Transfer Application No.145/2019 before the respondent no.4 Joint Charity Commissioner is impugning the order passed by the latter, allowing the application of the respondent no.1 preferred under Rule 36(iii) of the Re-framed Maharashtra Public Trust Act, 1951 and directing the Change Report Enquiry No.1420/2019 filed under Section 22 of the Maharashtra Public Trust Act pending on the file of the learned Deputy Charity Commissioner, Latur to the learned Deputy Charity Commissioner, Beed for disposal in accordance with law.

(3.) The learned Senior advocate Mr.R.N.Dhorde submits that a Change Report filed before the appropriate forum having the jurisdiction has been directed to be transferred to a different place without there being cogent and sufficient reasons. Even if the matter was to be transferred from that particular Officer it could have been transferred to several other Officers stationed and posted at Latur. No reason is assigned by the learned Joint Charity Commissioner respondent no.4 as to why instead of transferring the matter to some other Officer at Latur it should be transferred to Beed. The order therefore is illegal for this reason alone.