ABHOYA CHARAN SAHU Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) THIS application under Articles 226 and 227 of the Constitution of India asks for a writ of certiorari to quash the orders of the Commissioner of Endowments (opposite Party No. 1) dated 3-9-1970 and 12-9-1970 disposing of a proceeding under Section 28 of the Orissa Hindu Religious Endowments Act (II of 1952 ).

(2.) THE short facts necessary for the disposal of this petition may now be stated. There are two public deities Gopinath Dev and Radhakanta Dev located within the pipili police station of the District of Puri. The Commissioner of Endowments settled a scheme under Section 42 of the Act on 9-6-1965 in O. P. No. 255 of 1958-59. The management of the affairs of the deities vested in a board of trustees consisting of three members. The petitioner, opposite party No, 3 and one sri Ramesh Chandra Tripathy were appointed as the first members of the said board. Ramesh Chandra Tripathy resigned and the petitioner made an application under Section 28 of the Act before the Assistant Commissioner of Endowments for his removal for allegations of misdemeanour and misfeasance were made against him. O. P. No. 98 of 1969 was registered on the basis of such application and a set of charges were framed by the Assistant Commissioner against opposite party No. 3 and he showed cause in due course. On 3-9-1970 the Assistant Commissioner posted the proceeding to 12-9-1970 for hearing. It was alleged in the writ petition and has not been denied that on 3-9-1970 the commissioner passed the following order:

(3.) THE petitioner has been aggrieved on account of evidence having not been taken from his side in support of the charges. In paragraphs 2 to 8 tine commissioner dealt with some of the allegations against the opposite party No. 3, but those were on the basis of no evidence. When regular charges had been framed and the person making the allegations was ready with evidence to support such charges, we are not in a position to see how the purpose of the enquiry was served by shutting out evidence.