Pratap Mohanty And Another vs Commissioner Of Endowments, BBSR And Others

Mr. Choudhury, learned advocate appears on behalf of petitioners and submits, impugned is order dated 13th January, 2023 made by Additional Assistant Commissioner Endowments. The authority having directed inquiry, proceeded to pass impugned order dated 14th February, 2023 appointing opposite party no.6 as Interim Managing Trustee of the institution. He submits, there are allegations against the person. That is why enquiry was sought by his client.

Mr. Mohanty, learned advocate appears on behalf of, inter alia, opposite party no.6 and submits, the enquiry already stood conducted by the Commissioner. His client has duly been appointed in exercise of power under section 7 in Odisha Hindu Religious Endowments Act, 1951.

Mr. Nath, learned advocate appears on behalf of the Commissioner and submits, the power is there under section 7, for appointment of interim trustee / trust board. It is a temporary arrangement till there is appointment of the trust board. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.

Perused order dated 13th January, 2023. It appears therefrom, petitioners had made representation dated 14th October, 2022, mentioned as dated 15th October, 2022 therin. By the representation, petitioners had alleged that persons had been appointed under section 7, to constitute interim trust board as per recommendation of Additional Assistant Commissioner of Endowments (AACE). The recommendation was based on report of Inspector of Endowments, which in turn is based on representation filed by some villagers. The Inspector of Endowments, without conducting spot inquiry regarding antecedents of persons suggested by the villagers particularly regarding their disqualification as in section 29, made the appointment. By said order, contention in the representation was taken note of and there was direction for requisitioning the Tahsildar of the area to depute a survey knowing official for inquiry and submission of report within three months from date of it. However, without waiting for the inquiry to be conducted, there was appointment of Interim Managing Trustee by impugned order dated 14th February, 2023.

Where the appointing authority had prior to making the appointment directed inquiry, it was not proper to appoint without waiting for report of the inquiry and consideration thereof. Mr. Choudhury submits, the inquiry directed by said order dated 13th January, 2023 has not yet been conducted. Mr. Mohanty submits, there be direction for expeditious conduct of the inquiry.

There must be compliance with directions made in said order dated 13th January, 2023. As a consequence, impugned order dated 14th February, 2023 is set aside and quashed. The inquiry directed by said order dated 13th January, 2023 be conducted and report filed by four weeks from date, as submitted by Mr. Nath.

The writ petition is disposed of.

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