RAOSAHEB VIRAPPA KONKERI Vs. SADGURU SHRI BALUMAM DEVALAYA

JUDGEMENT

(1.) The present First Appeal impugns the Judgment and Order dtd. 26/4/2024, passed by the Joint Charity Commissioner in an application filed under Sec. 41D of the Maharashtra Public Trusts Act (for short "MPT Act") exonerating all trustees except the present Appellant Trustee.

(2.) A complaint dtd. 9/8/2021 was filed by the Respondent Nos 17 to 19 herein claiming to be devotees and person interested in the Trust, with the Charity Commissioner alleging irregularities and illegalities in the functioning of the Trust. The gist of the complaint is that regular meetings were not being held, new trustees were not being appointed upon vacancy arising due to death or resignation, proper register of donations, properties of Trust are not maintained, the Trust properties are leased/licensed beyond the prescribed period without prior permission of Charity Commissioner, there is misappropriation of Trust property and loss is being caused to the Trust. Upon receipt of complaint, the Charity Commissioner directed the Deputy/Assistant Charity Commissioner assisted by Inspector, to conduct an inquiry into the allegations. Accordingly inquiry was held after following the prescribed procedure and recording statements of all concerned. The Inquiry Committee found substance in the allegations and Inquiry Report was submitted on 16 th November, 2021. Direction was issued to Assistant Charity Commissioner to propose action, who proposed proceeding to be registered under Sec. 41-D of MPT Act and suo-motu proceeding was initiated against the Trustees of Respondent No 1 Trust including present Appellant.

(3.) The present Appellant, who is the trustee and Secretary of Respondent No 1 Trust filed his say on 21 st March 2022, apart from other Trustees. The charges which came to be proposed and approved are as under: