ast 1 wp3409.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3409 OF 2010 Ex Lt.Col.R K Pai. ....Petitioner Vs. Joint Charity Commissioner & ors. ....Respondents Mr.R.K.Pai, petitioner in person. Ms. J.S.Pawar, Addl. G.P.for Respondent Nos.1, 2 and 7. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- APRIL 30, 2010 P.C. 1. Since the Petitioner intends to appear himself in this matter, on all future dates the vakalatnama and the appearance of advocate Mr.Sachin Tigde are discharged. 2. Heard Petitioner in person and the learned AGP for Respondent Nos. 1, 2 and 7. 3. The principal grievance of the Petitioner is that his complaint regarding austentious expenses incurred by the Respondent Nos. 3, 4 and 5 and in respect of mismanagement of funds has not been enquired into in right earnest. ast 2 wp3409.10.sxw In the context of the said grievance, we called upon the learned Additional Government Pleader to take instructions as to what is the time schedule required for concluding the enquiry in respect of the complaint filed by the Petitioner. On enquiry, the Additional Government Pleader has been informed that the complaint is pending for enquiry before the Assistant Charity Commissioner Shri Vinay Muglikar and further that the enquiry cannot be taken to its logical end on account of non-cooperation attitude of the parties. For the time being, we will not enquire into as to who is responsible for protracting the subject enquiry. We are of the view that since the said enquiry is undertaken by the Assistant Charity Commissioner as per the powers vested in him, he should speed up the enquiry and take the same to its logical end expeditiously and conclude the same in any case not later than six months from today. The Petitioner who is appearing in person assures to extend full cooperation for completion of such enquiry. Insofar as other party to the said enquiry is concerned, we direct the Assistant Charity Commissioner that if he is of the opinion that on account of their act of commission or omission, the enquiry is being delayed or protracted, may record that position in the roznama and proceed further after recording that fact in accordance with law. 4. The grievance of the Petitioner is that unless the Petitioner is given inspection of documents, which the Respondent Nos.3, 4 and 5 are expected to ast 3 wp3409.10.sxw produce during the enquiry, the enquiry to be undertaken by the Authorities will be of no consequence. We hope and trust that the Assistant Charity Commissioner during the said enquiry will keep this grievance in mind and ensure that if any specific document, which may have bearing on the point in issue arising in respect of the complaint filed by the Petitioner, the concerned party will produce the same in terms of the order, to be passed in that behalf and once the document is brought on record of the proceedings, inspection thereof ought to be given to the Petitioner. On fulfilling the above procedural requirement, we have no hesitation in taking the view that the conclusion to be reached in the enquiry would be in accordance with law. 5. The request of the Petitioner to appoint some authorised Chartered Accountant to enquire into the grievance does not commend to us, inasmuch as the statutory regime will have to be preferred and abided by the parties as well as this Court. It will be open to the Assistant Charity Commissioner to take assistance of expert such as Chartered Accountant, if he is of the view that the intricacies in the accounts may require such assistance of the expert. 6. Besides above, we do not find it necessary to examine any other grievance of the Petitioner. Petition is disposed of on the above terms. ast 4 wp3409.10.sxw 7. After this order is dictated, the Petitioner submits that as a result of his complaint, he has been ex-communicated by the Management Committee. The Petitioner is free to question the correctness of the said decision in appropriate proceedings. We cannot examine that controversy in the present Writ Petition or for that matter in writ jurisdiction straightaway. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)