KISHOR KIRTILAL MEHATA Vs. ASST CHARITY COMMISSIONER

JUDGEMENT

(1.) Rule, returnable forthwith. The learned counsel for the respective respondents waive service of rule. Heard by consent.

(2.) The petitioner has challenged the order dated 29th September, 2004 of the Asstt. Charity Commissioner addressed to the trustee, Lilavati Kirtilal Mehta medical Trust, hereinafter referred to as the "trust" to take appropriate steps since, in the opinion of the Asstt. Charity Commissioner, the petitioner cannot continue to be the trustee of the Trust. In pursuance of the aforesaid order, the trustees have on 6-10-2004 at 10 a. m. removed the petitioner from his position as a permanent trustee of the Trust. The impugned order is challenged primarily on the ground that it has had adverse civil consequences on the petitioner and has not been preceded by a notice to the petitioner to show cause against the impugned order.

(3.) The learned Asstt. Govt. Pleader appearing for the Asstt. Charity commissioner does not dispute that there was no notice given to the petitioner before the aforesaid order was passed.