1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Review Application No. 35 of 2008 in Second Appeal No. 667 of 2007 (Asha Khote V. Charity Commissioner & ors) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vivek Bhavthankar, Advocate for the appellant Mr. S.N. Kendre, AGP for respondent No.1 / State Mr. A.P. Bhandari, Advocate for respondent No.2 Per Court : 1. Mr. Vivek Bhavthankar, learned counsel appearing for the appellant pointed out that the earlier order passed on 15th June, 2010 was erroneous as it was passed in Second Appeal. He pointed out that the Second Appeal was already disposed of long back and review application filed against the dismissal of the appeal was pending on 15th June, 2010. In view of this, earlier order dated 15th June, 2010 stands withdrawn. 2. Heard on the review application. Following order would meet the ends of Justice. 3. As per the impugned order dated 22nd February, 2007 in Suo Moto Inquiry under Section 41 2 (d), the learned Joint Charity Commissioner held the appellants guilty as charged and removed them from trusteeship permanently. He also ruled that they stood permanently debarred from becoming trustees or office bearers of the Trust. At the first appeal stage, the order was confirmed and appeal was dismissed. 4. In my view, the order of the Courts below to permanently debarring the appellant and respondent No.2 from becoming Trustees or office bearers of the Trust in future is rather harsh. The allegations that are proved against them does not involve dishonesty or misappropriation. It is seen and held that they persistently committed default in submitting accounts and persistently neglected to maintain the temple. Now, while drafting and finalizing the scheme as per the direction of the impugned order, the learned Assistant Charity Commissioner may consider the appellant and respondent No.2 eligible for re- appointment as trustees or office bearers of the Trust. In view of this, Review Application is disposed of. 2nd July, 2010 ( A.V.NIRGUDE,J. ) srm/