WP 7966/09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7966 OF 2009 Rajkumar Gyanoba Kamble, R/o. Kandharves Udgir, Tq. Udgir, Dist. Latur & Ors. ....Petitioners. Versus Sow. Saraswaati Shrirang Kamble, R/o. Kandharves Udgir, Tq. Udgir, Dist. Latur & Ors. ....Respondents. Mr. P.G. Rodge, Advocate for petitioners. Mr. S.B. Deshmukh, Advocate for respondent Nos. 1 to 4. CORAM: B.P. DHARMADHIKARI, J. DATED: 24th February, 2011. PER COURT : 1. Heard Finally. Shri. Rodge points out that Division Bench of this Court in L.P.A. No. 52/2010 on 9th March 2010 found that trustees are not under obligation to submit audit report to the office of Charity Commissioner. He states that charges are framed mechanically without looking into the legal procedure and hence, the same need to be quashed and set aside. According to him, consequential order of suspension must also fall. WP 7966/09 2 2. Shri. Satish Deshmukh appearing for respondent Nos. 1 to 4 and learned A.G.P. for respondent No. 5 support the impugned order. 3. Perusal of judgment of the Division Bench of this Court dated 9th March 2010 reveals a finding in paragraph 8 that trustees are not obliged to submit the balance sheet, income and expenditure account and audit report to the Deputy/Assistant Charity commissioner. Provisions of section 34-1 cast obligation upon auditor to prepare balancesheet and to submit his report regularly to the office of Charity Commissioner. Under section 34-1 (A) trustees are obliged to submit the copy of balancesheet, income and expenditure account forwarded by auditor only, if Charity Commissioner requires them to do so. 4. There is nothing on record to show that the Charity Commissioner at any point of time had called upon the petitioners to comply with requirement of section 34-1 (A). 5. Charge No. 1 and part of charge No. 2 is in relation to accounts and balanceshet. In charge No. 2 it is mentioned that there is failure to maintain regular accounts, register of movable and immovable property and other record of the trust property. Before this Court today a communication forwarding account report of 2006-2007, 2007-2008 to the office of Assistant Charity Commissioner, Latur is produced. It is WP 7966/09 3 bearing acknowledgment of office of Assistant Charity Commissioner dated 10.11.2009. As the document (photostat copy) is produced before this Court and respondent Nos. 1 to 4 did not have any opportunity to counter it, I am not accepting this document as compliance with the obligation. In any case, papers for the year 2003 onwards till 2008 appear to have been submitted together. 6. But then in view of legal provisions noted above and the judgment of Division Bench noted (supra), it is necessary for respondent No. 5 to apply his mind afresh while framing charges and to find out whether any case for action is made out. Similarly, the question of suspension also need to be looked into in this background afresh. Therefore, the order dated 8.10.2009 passed by Joint Charity Commissioner below Exh. 1 in Application No. 1/2005 and also the charges framed against the petitioners are quashed and set aside. The proceedings are restored for taking a fresh decision in this respect as early as possible and in any case by 30th April 2011. Parties are directed to approach before Joint Charity Commissioner on 9th March 2011 and to abide by further instruction in this matter. 7. As the petitioners claim that they are continuing in office, petitioners shall not take any major decision either administrative or financial till the proceedings are concluded by Joint Charity Commissioner as mentioned above. WP 7966/09 4 8. Petition is thus partly allowed. In the circumstances, there shall be no order as to costs. [ B.P. DHARMADHIKARI, J.] ssc/wp7966.09