SATYAWAN NAMDEO AJABALE Vs. HEMRAJ DHONDUJI MARBATE

JUDGEMENT

(1.) Heard.

(2.) Admit. Heard finally with consent of learned counsel appearing for the parties.

(3.) This is second round of litigation. The respondent and four others had before the Joint Charity Commissioner, Nagpur, filed Application No. 30/2004 under Sec. 41D of the Maharashtra Public Trusts Act, 1950 (for short 'the Act of 1950') seeking dismissal and removal of the appellant and five others from the trust, namely, Vivekanand Shikshan Sanstha, Adyal, Tah. Paoni, District Bhandara. Learned Joint Charity Commissioner, Nagpur, after scrutinizing the oral as well as documentary evidence, vide judgment and order dtd. 29/3/2012, removed the appellant from the post of President as also trustee with immediate effect. The said judgment was challenged before the District Judge-2, Bhandara in MJC No. 95/2015. The learned Judge allowed the application partly and set aside the judgment passed by learned Joint Charity Commissioner, Nagpur and remanded the matter back to consider the aspect of proportionality of punishment. This order of remand was challenged by the appellant herein before this Court in Writ Petition No. 3521/2018 which came to be dismissed vide order dtd. 6/1/2023.