JUDGMENT :

1. The captioned writ petition, prays for the prayers, namely, (i) to issue writ of mandamus or any other appropriate writ, order or direction against the respondent – State authorities to submit the fact-finding report/inquiry report against the culprits, and (ii) writ of certiorari or appropriate writ, order or direction, seeking quashing and setting aside of the order dated 23.5.2016 passed by the respondent no.5, i.e. the Charity Commissioner in Judicial Misc. Application No.65 of 2015.

2. The basis on which the aforementioned prayers have been prayed for, is alleged maladministration by the respondent no.3 – Trust and more particularly, regarding allotment of Ambika Bhojnalaya Yearly Food Contract to M/s Touchstone Foundation, Ahmedabad (hereinafter referred to as ‘the foundation’) without inviting tenders as well as the advance payment of Rs.1.5 crore to it.

3. As can be culled out from the averments made in the petition memo, the petitioner’s grievance is to take steps against the Deputy Collector & Administrator of Shree Arasuri Ambaji Mata Devsthan Trust (hereinafter referred to as ‘the Trust’) owing to maladministration of the public fund. According to the petitioner, despite there being the Rules, Regulations and Circulars governing the grant of contract, the Administrator of the Trust has awarded the contract of Rs.18 crore to the foundation, without inviting tenders as well as usage of other materials, namely, food, water etc. by the foundation and advance payment despite the fact that it is the obligation of the contractor to procure such items. Allegation is made that the necessary amendment was incorporated in collusion with the contractor by the Administrator. It is the case of the petitioner that as per the resolution dated 23.1.2014 of the State Government, there is no such provision of offering advance payment; however, ignoring such instructions, the foundation has been extended the benefit. The grievance is also to the effect that the contract dated 4.2.2014 was executed by the Collector with the foundation, and as per clause no.3, it was agreed that the Trust will give advance payment of Rs.1.5 crore. Such condition, has been incorporated by the Administrator in the office note dated 7.2.2014 by effecting amendment; whereas, the contract was already executed on 4.2.2014. It is therefore, the case of the petitioner that the Trust has been subjected to financial loss by the Administrator in collusion with the foundation. Not only that, in disregard of the orders issued by the Industries & Mines Department, payment of huge amount has been made to the foundation. The grievance is also to the effect that the contract is dated 4.2.2014 when, Mr J.G. Hingrajiya, was the Collector, Banaskantha; however, instead of Mr Hingrajiya, Mr M.S. Patel, has signed the contract, who has taken charge as Collector on 20.2.2014.

3.1 The petitioner had made various applications to the Secretary, Gujarat Vigilance Commission and to the Assistant Charity Commissioner, Banaskantha with a request to look into the same and get the necessary inquiry done. In the application before the Assistant Charity Commissioner, it has been requested to take disciplinary proceedings against Shri G.P. Brahmbhatt and also to make inquiry by the Police Inspector under the provisions of Sections 37 and 38 of the Gujarat Public Trust Act, 1950 (hereinafter referred to as ‘the Act of 1950’) with a further request to pass necessary orders.

4. The affidavit has been filed by the respondent no.3, Mr R.K. Patel, Incharge Administrator of the Trust, inter alia, stating that the Trust manages the affairs of the temple of Shree Arasuri Ambaji Mata. The Trust also carries out the functions of distribution of packed prasad and affairs of the Bhojanalaya, known as ‘Ambika Bhojanalaya’. The preparation and distribution of prasad and running of Bhojanalaya, is outsourced and for which, the Trust enters into contract with contractors and experts in the