1. Heard learned counsel Shri Raju Kadu for the appellant and learned counsel Shri Anup Dhore for the respondent Nos. 1 and 2. Admit. Heard finally by consent of learned counsel for the parties.
2. The judgment and order dated 9.11.2021 passed by the Joint Charity Commissioner, Amravati Region, Amravati in Enquiry No. 24/2018 is under challenge in this appeal.
3. Brief facts of the case in a nutshell are as under:
The appellant was the President of "Shri Vitthal Rukhamai Sansthan, Darapur, taluka Daryapur, district Amravati (the sansthan/trust)." The sansthan/trust is duly registered under the Maharashtra Public Trusts Act (of the said Act) bearing PTR No. A-1017/Amravati. Respondent No. 1 Shri Sanjay Uddhavrao Sonene, Secretary and respondent No. 2 Shri Virendra Pundlikrao Pathere, Joint Secretary of the sansthan/trust, filed a complaint under Section 41B of the said Act before respondent No. 3 the Joint Charity Commissioner, Amravati Region, Amravati for removing the appellant as trustee on the ground that the appellant had misappropriated an amount of Rs. 55,000/-. As per the allegations, the payment was received by the appellant as president against sale of "pigeon peas" (toor dal). He had used the said amount for his personal use and thereby committed default.
4. On receipt of the complaint, respondent No. 3 the Joint Charity Commissioner, Amravati Region, Amravati, called a report from the Charity Inspector. The Charity Inspector submitted a report that the appellant received the consideration amount of Rs. 1,23,503/- towards the sale of "toor dal" and deposited only Rs. 68,503/-. Thus, the appellant has committed misappropriation of Rs. 55,000/-.
5. On receipt of the report, Notices were issued to the appellant as well as respondent Nos. 1 and 2.
6. The appellant contended that amount of Rs. 1,23,503/- was received by him against the sale of "toor dal". He has deposited Rs. 68,503/- and kept Rs. 55,000/- with the consent of the trustees of the sansthan/trust against the expenses incurred by him. He further contended that he insisted to collect the amount from Shri Sawaldas Bhutada who was cultivating the land of the sansthan/trust and, therefore, the false complaint is made.
7. Respondent Nos. 1 and 2 have opposed the contentions of the appellant as the appellant has demanded the amount from said Sawaldas Bhutada.
8. The respondent No. 3 the Joint Charity Commissioner, Amravati Region, Amravati, examined the Charity Inspector as well as the appellant and the respondent Nos. 1 and 2. On the basis of the evidence adduced, the Joint Charity Commissioner held that the appellant has committed the misappropriation by keeping Rs. 55,000/- with him which was the amount of the sansthan/trust and thereby he committed default under Section 41D of the said Act and thereby he was disqualified and suspended as president and trustee of the sansthan/trust.
9. Being aggrieved and dissatisfied with the order passed by the respondent No. 3 the Joint Charity Commissioner, Amravati Region, Amravati, the present appeal is preferred by the appellant on the ground that the Joint Charity Commissioner ignored the fact that the appellant has to recover the amount of Rs. 55,000/- from the sansthan/trust which he has incurred from his own pocket. The removal of the trustee of the sansthan/trust is a very harsh action from which strict proof is necessary. In absence of the proof, the Joint Charity Commissioner passed the order of removal which is illegal, arbitrary, and liable to be set aside.
10. Learned counsel Shri Raju Kadu for the appellant submitted that in view of Section