VIJAY K MEHTA Vs. CHARU K MEHTA

JUDGEMENT

(1.) This writ petition takes exception to the decision of the Joint Charity Commissioner (hereinafter referred to as 'the JCC for the sake of convenience), Greater Mumbai, Region Mumbai dated 10th October, 2008 passed on Application (Exhibit 2), whereby, pending enquiry of charges, the five trustees (including the present three petitioners) have been suspended in exercise of powers under section 41-D(3) of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the Act'). This petition has been finally heard at the admission stage, by consent.

(2.) The moot question that needs to be addressed in this petition is: whether the exercise of powers under section 41-D(3) of the Act by the JCC can be said to be just and proper in the fact situation of the present case

(3.) The background in which the present matter arises is that the respondent No. 1 filed application before the JCC for initiating action under section 41-D of the Act against nine trustees of the Lilavati Kirtilal Mehta Medical Trust (hereinafter referred to as the Trust) on certain allegations elaborated in the said application. The said application is registered as Application No. 17 of 2006. The respondent No. 1 claims to be a permanent trustee of the said Trust. The Trust is running a super speciality hospital in the name ofLilavati Hospital" at Bandra, Mumbai and is a well-known hospital in the Country. The hospital has facility of 300 beds and out patients department, casualty department, etc. It engages nearly 1700 employees and 230 consultant Doctors attached to the hospital. In the said application moved by the respondent No. 1, after allowing the parties to exchange documents and pleadings, the JCC by his order dated 3rd June, 2008 on finding prima facie material to indicate the complicity of the said nine trustees proceeded to frame following eight charges : "CHARGES