Case Note & Summary
The petitioner, Pankaj Ghanashyam Rannavre, filed a writ petition challenging the order of the Joint Charity Commissioner, Nagpur, dated 8.5.2014, which rejected his application to transfer Inquiry No.1538 of 1997 from the Assistant Charity Commissioner to the Deputy Charity Commissioner, Nagpur. The impugned order also imposed costs of Rs.1,000 on the petitioner as a condition precedent and directed the Assistant Charity Commissioner to proceed with the inquiry on a day-to-day basis without granting adjournments. The petitioner contended that the Joint Charity Commissioner could not modify the earlier order dated 13.4.2009 passed in Revision Application No.3 of 2008, which had been confirmed by the District Judge, Nagpur, in Regular Civil Application No.21 of 2009. The District Judge had agreed with the Joint Charity Commissioner that the inquiry should be remitted to the Deputy Charity Commissioner for de novo trial. The High Court held that the Joint Charity Commissioner lacked jurisdiction to modify the earlier revision order, as it had attained finality after confirmation by the District Judge. Consequently, the impugned order was quashed and set aside, and the Joint Charity Commissioner was directed to consider the transfer application afresh in accordance with law.
Headnote
A) Charity Law - Transfer of Inquiry - Jurisdiction of Joint Charity Commissioner - The Joint Charity Commissioner cannot modify an earlier revision order that has been confirmed by the District Judge, as it would amount to reviewing or altering a final order without authority - The impugned order rejecting transfer and imposing costs was held to be without jurisdiction (Paras 1-3).
Issue of Consideration
Whether the Joint Charity Commissioner could modify an earlier revision order dated 13.4.2009 passed in Revision Application No.3 of 2008, which was confirmed by the District Judge, by rejecting the petitioner's transfer application and imposing costs.
Final Decision
The impugned order dated 8.5.2014 passed by the Joint Charity Commissioner, Nagpur is quashed and set aside. The Joint Charity Commissioner is directed to consider the petitioner's application for transfer of Inquiry No.1538 of 1997 afresh in accordance with law.
Law Points
- Charity Commissioner cannot modify earlier revision order confirmed by District Judge
- Transfer application cannot be rejected by imposing costs and directing day-to-day trial without jurisdiction
