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2022 Supreme(Ker) 136

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
Suo Motu - Petitioner
Versus
State of Kerala, Represented by Chief Secretary to Government, Government Secretariat & Ors. - Respondents
D.B.P. No. 2 of 2022
Decided On : 14-02-2022

Advocates Appeared:
For the Petitioner: Suo Motu.
For the Respondents: Government Pleader, SC, D. Ajithkumar, Sri. S. Rajmohan- Sr. Government Pleader, Sri. N. Raghuraj - Amicus Curiae, Sri. G. Biju - Standing Counsel.

Point of Law : When the process of deputation, by calling for option from the officers, etc., requires considerable time, the Board ought to have made such a request, well in advance, in order to ensure that either the deputation of the existing officers is extended further, subject to the relevant Rules.

Headnote:

Irregularities in the toilet construction - Alleging huge corruption in submission of fake food bills at Sabarimala Guest House - Malpractices and irregularities alleged in various activities of the officials of the Board - Granting extension of the period of deputation - Directions issued.

Finding of the Court :

As expeditiously as possible, at any rate, within one month from the date of this order, the 2nd respondent shall obtain a list from the State Police Chief, of most efficient and upright Police Officers, from among those who have opted for deputation to the Vigilance Wing of the Travancore Devaswom Board. Based on the recommendation made by the State Police Chief, the 2nd respondent shall issue necessary orders, within a further period of two weeks, posting sufficient number of Police officers on deputation to the Vigilance Wing of the Board.

Result : Disposed of.

ORDER :

Anil K. Narendran, J.

By the proceedings dated 31.01.2022 Registry was directed to initiate suo motu proceedings based on a news item that appeared in the Mathrubhumi online edition dated 30.01.2022 alleging huge corruption in submission of fake food bills at Sabarimala Guest House. As per that news report, top officials are behind disbanding the Vigilance Wing of the Travancore Devaswom Board. The move was spearheaded by those fearing arrest if the fake bills submitted at Sabarimala Guest House and the irregularities in the toilet construction come out. Four officers, including two Sub Inspectors, were removed from the Vigilance Wing of the Travancore Devaswom Board.

2. On 01.02.2022, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board pointed out that, at present the Vigilance Wing of the Board consists of the Chief Vigilance Officer and one Officer in the cadre of Sub Inspector of Police. The learned Senior Government Pleader submitted that other officers in the Vigilance Wing returned to their parent department, i.e., the Police department, since their period of deputation was over and there was no request by the Travancore Devaswom Board for extension of their period of deputation.

3. On 03.02.2022, when this DBP was taken up for consideration, the Special Commissioner, Sabarimala, filed a report dated 02.02.2022, as per which, the Devaswom Office Complex of the Travancore Devaswom Board situated at Sannidhanam has nine designated rooms for the President, 2 members, Devaswom Minister, Chief Police Co-ordinator, Devaswom Commissioner, Chairman of the High Power Committee, Secretary of the Travancore Devaswom Board and also the Special Commissioner, Sabarimala. The room allotted to the Special Commissioner, Sabarimala, also functions as his office. In the absence of the Special Commissioner, his Secretary or personnel staff, who are taken from the Board, will be in the Devaswom Office Complex (Devaswom Guest House). As and when State Guests, Constitutional dignitaries and VIP guests of the Board visit Sabarimala, they are accommodated in any of the vacant rooms of designated officials (except the office of the Special Commissioner, Sabarimala) free of cost. The food for guests are taken from the Devaswom Mess at Sannidhanam. In some cases, the guests themselves arrange food from the hotels at Sannidhanam. A register is being maintained at the Administrative Block regarding the number of officials and guests who are provided with food each day.

4. As per the report of the Special Commissioner, the present register is not maintained properly. The number of officials attached to the office of the Special Commissioner and days on which the Special Commissioner had food are not correctly recorded. Whether amounts are claimed for the number of persons shown as guests and officials in the register for the expenses of food is a matter which requires probe and examination by the Devaswom Vigilance. Therefore, according to the Special Commissioner, the Chief Vigilance Officer of the Travancore Devaswom Board may be directed to examine the authenticity of entries in the register, its veracity and whether the amounts are claimed for persons entered as guests in the register maintained at the Administrative Block, etc.

5. The Special Commissioner also reported that, the Vigilance Wing of Travancore Devaswom Board was conducting probes regarding instances of malpractices and irregularities alleged in various activities of the officials of the Board. The Board had recommended to the Government to extend the period of deputation of two Sub Inspectors and one Civil Police Officer for one more year and the State Police Chief had also stated no objection to the same. However, the Government extended their period of deputation only till 20.01.2022, for no obvious reason, which is evident from the relevant Government orders enclosed along with that report. As of now there is only one Sub Inspect

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