The main legal point established in the judgment is that the power to remove a trustee is vested in the Trust Board and not the Chairman, and the President's authority to exercise the Board's powers is limited in cases of urgency.

R.S.Garg, J.

1. Heard learned Counsel for the parties.

2. The petitioner being aggrieved by the order dated 18-9-2002 passed by the Chairman/President of the Religious Trust Board removing the petitioner from the office of the trustee and directing constitution of a Trust Committee, has come to this court, inter alia submitting that the order as contained in Annexure-12 is not only contrary to the provisions of law but is also contrary to the earlier direction issued by this Court. It is noteworthy that on ancarlier occasion the petitioner came to this Court in CWJC No. 8305 of 1998. The petitioner had challenged his removal from the office of the trustee. The order was passed by the Chairman Bihar State Board of Religious Trust in exercise of his power u/s. 28(2) h (III) of the said Act. This Court observed that the petitioners removal was illegal because the order was passed before the petitioners show cause reached the authority. This Court also observed that the order was passed without taking into consideration the show-cause, therefore, the petition deserved to be allowed. The Court accordingly allowed the writ application by its order dated 2-12-1999 and directed the Board for taking a fresh decision after giving an opportunity of hearing to the petitioner so also to the complainant or any other concerned person.

3. From the said order it would clearly appear that the matter was remitted to the Board for taking a fresh decision. The matter was again heard and decided by the impugned order dated 18-9-2002 contained in Annexure-12.

4. Learned Counsel for the petitioner submits that sec. 28 authorities the Board to remove a trustee or appoint a Trust Committee u/s. 32 but the Chairman alone is not entitled to exercise the powers u/s. 28 because neither the powers after Board to remove the trustee have been conferred upon him nor have been delegated in his favour directly or under bye laws framed under the Act.

5. On the other hand learned Counsel for the Trust Board submits that a juxtapose reading of Secs. 38 and 39 alongwith bye law No. 43(R) would show that the Chairman is entitled to exercise the powers of the Board in given circumstances and in cases of urgency and is also entitled to make scheme for proper and smooth running of the Trust or to appoint a temporary tustee. He submits that the Chairman was justified in issuing the order (Annexure-1).

6. sec. 28 of the Act provides about general powers and duties of the Board. Sub-sec. 1 of sec. 28 of Bihar Hindu Religious Trust Act, 1950 reads as under:

"The general superintendence of all religious trusts in the State shall be vested in the Board. The Board shall do all things reasonable and necessary to ensure that such trusts are properly supervised and administered and that the income thereof is duly appropriated and applied to the objects of such trusts and in accordance with the purposes for which such trusts were found or for which they exist, so far as the object and purposes can be ascertained."

Sub-sec. 2 of sec. 28 of the Act says that without prejudice to the generality of the provisions of Sub-sec. (1), and subject to the other provisions of this Act, the power and duties of the Board shall be as detailed or described in Clause A to Clause T. Clause H says that the Board shall have power to remove the trustee from his office if such trustee is liable to be removed from his office on the ground as provided under Sub-clause 1 or Sub-clause 2 of Clause H of sec. 28(2) of the Act Undisputedly, the Act provides that the powers to remove a trustee-vest in the Trust Board and not in Chairman. sec. 32 of the Act refers to the power of the Board to settle the schemes for proper administration of Religious Trust. It talks of settlement of schemes, modification and substitution or so, it also says that if a trustee or any other person interested in such trust may challenge the scheme or settlement, modification or substitution in accordance with law before the