Board of Trustees held on 24th June. 2014 for removal of
Respondents No.1 and 2 from the Board of Trustees are illegal,
improper, void ... also prayed for a
declaration that the power of removal/suspension/termination of a
Trustee, by a Public Trust vests only with the Charity Commissioner
Trust. Therefore,
there is no question of a paid Trustee or Honorary Trustee in matters of
Trust. Clauses 9 and 11 of the Trust Deed ... inducted as Trustee.
11. The Board or the Managing Trustee shall not
arbitrarily remove any Trustee. However, the Board shall have the
power to remove
appoint the trustees. The trustees have
to apply to the Court. The scheme decree vests with
Court the power of removal of a trustee ... relating to the
management of the trust, removal and appointment of
trustees. It still has power to issue direction for the
working of the scheme
which reads as
under:-
"27. Court's power to hear application.
- (1) On receipt of such application the
Court shall make or cause ... power under sub-
section (1) the Court shall, among other
powers, have power to make an order for:-
(a) removing any trustee;
(b) appointing
Sameer Ramesh Vashi vs Rakesh Ramesh Vashi And 2 Ors on 7 January, 2019
Author
Government may for good and
sufficient reason in public
interest remove a Trustee from
office before the expiry of the
two year term ... power is conferred on the Government to supersede
the trust board for good and sufficient reason in public interest,
remove the trustees from the office
Trust including
the disputes arising inter se trustees,
beneficiaries in relation to their appointment,
powers, duties, obligations, removal, etc. are
capable of being settled through ... obligation and further specifies the
rights and duties of the settlor,
trustees and the beneficiaries apart
18/34
http://www.judis
Government may for good and
sufficient reason in public
interest remove a Trustee from
office before the expiry of the
two year term ... power is conferred on the Government to supersede
the trust board for good and sufficient reason in public interest,
remove the trustees from the office
power to suspend,
remove or dismiss the trustees, and the appropriate authority
may suspend, remove or dismiss any trustee if any one of the
circumstances ... power to suspend a
trustee pending disposal of charges and appointing a fit person
by invoking his power under Section 53(4) . The trustee
facts otherwise coming to
his knowledge and after giving the working trustee a
reasonable opportunity of being heard, set aside the
order of the Assistant ... powers under sub-section (1)
the court shall, besides other powers, have power to
make an order for -
(a) removing any trustee;
(b) appointing
