MAHANTH VIJAY DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner being aggrieved by the order dated 18-9-2002 passed by the Chairman/President of the Religious Trust Board removing the petitioner from the office of the trustee and directing constitution of a Trust Committee, has come to this court, inter alia submitting that the order as contained in Annexure-12 is not only contrary to the provisions of law but is also contrary to the earlier direction issued by this Court. It is noteworthy that on ancarlier occasion the petitioner came to this Court in CWJC No. 8305 of 1998. The petitioner had challenged his removal from the office of the trustee. The order was passed by the Chairman Bihar State Board of Religious Trust in exercise of his power under Section 28(2) h (III) of the said Act. This Court observed that the petitioner's removal was illegal because the order was passed before the petitioner's show cause reached the authority. This Court also observed that the order was passed without taking into consideration the show-cause, therefore, the petition deserved to be allowed. The Court accordingly allowed the writ application by its order dated 2-12-1999 and directed the Board for taking a fresh decision after giving an opportunity of hearing to the petitioner so also to the complainant or any other concerned person.

(3.) From the said order it would clearly appear that the matter was remitted to the Board for taking a fresh decision. The matter was again heard and decided by the impugned order dated 18-9-2002 contained in Annexure-12.