Case Note & Summary
The appeal arose from an order of the Assistant Charity Commissioner (ACC) dated 29 May 2009 framing a new scheme for the management of the Shikshan Prasarak Mandal Trust under Section 50A of the Maharashtra Public Trusts Act, 1950. The new scheme reduced the governing body from 17 to 7 trustees and curtailed the tenure of existing trustees. The appellants, who were existing trustees, challenged the order on the ground that they were not served with notice of the proceedings. The ACC had relied on an address pursis filed by one Mote (R6) indicating a changed address for the existing trustees, without verification. Notices were sent to that address, and Santosh Shinde (R5) filed an affidavit claiming service was complete based on registered acknowledgement due cards purportedly bearing signatures of the trustees. The ACC accepted this and passed the ex parte order. The District Judge dismissed the appeal under Section 72(2). The High Court found that the ACC failed to discharge its quasi-judicial duty to verify the correctness of the address and ensure proper service. The court noted that the address provided by Mote was not supported by any evidence, and the ACC did not make any independent inquiry. The court held that the principles of natural justice were violated, and the orders of the ACC and the District Judge were set aside. The matter was remitted to the ACC for fresh consideration after giving notice to all concerned parties.
Headnote
A) Administrative Law - Natural Justice - Service of Notice - Maharashtra Public Trusts Act, 1950, Section 50A - The Assistant Charity Commissioner framed a new scheme removing existing trustees without verifying the correctness of the address provided by a third party and without ensuring actual service of notice. The court held that the ACC acted in violation of principles of natural justice and the order was liable to be set aside (Paras 3-5).
Issue of Consideration
Whether the Assistant Charity Commissioner (ACC) was justified in framing a new scheme under Section 50A of the Maharashtra Public Trusts Act, 1950, without ensuring proper service of notice on the existing trustees, thereby violating principles of natural justice.
Final Decision
Appeal allowed. Orders dated 29 May 2009 and 17 July 2010 set aside. Matter remitted to Assistant Charity Commissioner for fresh consideration after giving notice to all concerned parties.
Law Points
- Natural justice
- Service of notice
- Section 50A Maharashtra Public Trusts Act
- 1950
- Scheme framing
- Duty of quasi-judicial authority
