CHANDRA NAND JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: The short point raised in this writ petition is as to whether the Petitioner being a trustee according to the definition of trustee provided in Section 2(n) of the Bihar Hindu Religious Trust Act, 1950 he can be removed by the Chairman of the Trust on the allegation that the Petitioner was acting in a manner prejudicial to the interest of the Trust in question.

(2.) Learned Counsel, appearing on behalf of the Petitioner, submitted that the power of removing trustee on the said ground is provided under Section 48 of the Bihar Hindu Religious Trust Act, 1950, which clearly provides for making an application before the District Judge for such order of removal of a religious trustee. But in the Instant case, the Petitioner has been removed by the Chairman of Bihar State Board of Religious Trust.

(3.) It has been submitted that since the order has been passed by the Chairman contrary to the provision of the said Act, the impugned order is wholly without jurisdiction.