VIJAY K MEHTA Vs. CHARU K MEHTA

JUDGEMENT

(1.) These two writ petitions are filed by the trustees of Lilavati Kirtilal Mehta Medical Trust ( Trust for short), which is duly registered under the Bombay Public Trust Act, 1950 ( B.P.T. Act for short). Since both the petitions challenge the decision of the Joint Charity Commissioner ( Jt. C.C. for short) dated 3-6-2008, both the petitions are heard together finally at the stage of admission and disposed of by this common judgment.

(2.) The impugned order dated 3-6-2008 is an interim order passed by the Jt. C.C. in an application filed by a permanent trustee of the Trust under Section 41D of the B.P.T. Act. The said application was filed seeking removal of nine trustees of the Trust inter alia on the ground that the said trustees during the period from 2001 to 2006 had siphoned off the Trust funds running into several crores of rupees and further they have committed act of malfeasance, misfeasance, breach of Trust, gross negligence etc. which are detrimental to the interest of the Trust. After considering the allegations made in the complaint as also the reply filed by the said trustees, the Jt. C.C. on being prima facie satisfied, framed charges against the said nine trustees and by the impugned interim order directed that pending final decision on the application, the trustees shall not take any policy decision and shall not enter into any financial transaction with regard to the Trust without the approval of the two Administrators, appointed by the Apex Court / this Court in an earlier proceedings for administering the day-to-day running of the Hospital & Research Institute.

(3.) Writ Petition No.3849 of 2008 is filed by two trustees against whom various charges are framed. These trustees challenge the interim order of Jt. C.C. dated 3-6-2008 mainly on the ground that the said order has been passed without giving reasonable opportunity of hearing to the petitioners. Writ Petition No.3850 of 2008 is filed by three trustees, who are neither parties to the proceedings before the Jt. C.C. nor there are any allegations made against them. Their grievance is that in gross violation of the principles of natural justice, the Jt. C.C. has restrained them from functioning as trustees.