Section 28 in The Orissa Hindu Religious Endowments Act, 1951
28. Power to suspend, remove or dismiss trustees.
(1)[The Commissioner, in the case of a hereditary trustee, and the Assistant Commissioner, in the case of a non-hereditary trustee, may suspend, remove or dismiss the trustee of a religious institution referred to in Section 27] [Substituted vide O.A. No. 29 of 1978.]-(a)for persistent default in the submission of budgets, accounts, reports or returns or in payment of contribution or other dues payable to Government;(b)for wilful disobedience of any order issued under the provisions of this Act by the State Government or the Commissioner, [the Deputy Commissioner] [Inserted vide O.A. No. 29 of 1978.] or Assistant Commissioner;(c)for any malfeasance, misfeasance, breach of trust or neglect of duty in respect of the trust or alienation of the trust property in contravention of this Act, or the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939);(d)for any misappropriation of, or improper dealing with, the properties of the institution of which he is trustee;(e)for unsoundness of mind or other mental or physical defect or infirmity which makes him unfit for discharging the functions of a trustee ; or(f)[* * *] [Omitted vide O.A. No. 29 of 1978.](2)When it is proposed to take action under Sub-section (1), the Commissioner or the Assistant Commissioner, as the case may be, shall frame charges against the trustee concerned and give him an opportunity of meeting such charge, of testing the evidence adduced against him and of adducing evidence in his favour ; and the order of suspension, removal or dismissal shall state the charges framed against the trustee, his explanation and the finding on each charge with the reasons therefor.(3)Pending the disposal of the charges framed against the trustee, the Commissioner or the Assistant Commissioner may place the trustee under suspension and appoint a fit person to discharge the functions of the trustee.(4)A trustee, who is suspended, removed or dismissed by an Assistant Commissioner under Sub-section (1), may within one month from the date of the receipt of the order of suspension, removal or dismissal, appeal to the Commissioner against such order in the prescribed manner and the Commissioner shall pass such orders on the appeal as he may thinks fit :Provided that no appeal shall be entertained unless the person affected by the order complies with it and makes over charges of his office or unless such a condition is waived by the Commissioner at his discretion.(5)[ Any hereditary trustee aggrieved by an order passed by the Commissioner under Sub-section (1) [* * *] [Inserted vide O.H.R.E. (Amendment) Act, 1954-O.A. No. 18 of 1954.] may within thirty days from the date of receipt of the order, appeal to the High Court and the Court may either summarily dismiss the appeal or after hearing the parties pass such orders as the Court may deem fit.(6)A hereditary trustee so suspended, removed or dismissed may be allowed such maintenance allowance as may be fixed by the Commissioner considering the financial condition of the institution and the rules made in this behalf.]
