Point of Law : Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by State Legislature makes provision for administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds.

ORDER :

Anil K. Narendran, J.

The Special Commissioner, Sabarimala has filed this report pursuant to the direction contained in the order of this Court dated 14.02.2022 in DBP No.2 of 2022 – Suo motu v. State of Kerala and others [2022 (2) KHC 411]. The said DBP was registered by the proceedings dated 31.01.2022, based on a news item that appeared in the Mathrubhumi online edition dated 30.01.2022 alleging huge corruption in the 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. That DBP was disposed of by the order dated 14.02.2022. Paragraph 33 of that order reads thus;

“33. Having considered the pleadings and materials on record and also the submissions made by the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned counsel for the additional 6th respondent, we deem it appropriate to dispose of this DBP with the following directions;

(i) 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.

(ii) Immediately on receipt of the request made by the Travancore Devaswom Board for posting a Police officer on deputation as Chief Vigilance Officer in its Vigilance Wing, the 2nd respondent shall obtain the name(s) of most efficient and upright Police officer(s) and thereafter issue necessary orders posting a Police officer as the Chief Vigilance Officer in the Vigilance Wing of the Board, on deputation.

(iii) In order to ensure that the post of Chief Vigilance Officer in the Vigilance Wing of the Travancore Devaswom Board and also other posts in the Vigilance Wing, which are to be filled up by Police officers on deputation, are not lying vacant, at any point of time, the Travancore Devaswom Board is directed to forward requests to the 2nd respondent for deploying suitable incumbents on deputation, at least three months before the expiry of the term of deputation of the existing incumbents. Based on such request, 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 posting sufficient number of Police officers on deputation to the Vigilance Wing of the Board and such orders shall be issued before the expiry of the period of deputation of the existing incumbents.

(iv) The posting of Chief Vigilance Officer and other Police officers in the Vigilance Wing of the Travancore Devaswom Board shall be reported to the Special Commissioner, Sabarimala, by the Secretary of the Travancore Devaswom Board. On the posting of Chief Vigilance Officer in the Vigilance Wing of the Board, the Special Commissioner, Sabarimala, shall submit a report before this Court.

(v) The Chief Vigilance Officer in the Vigilance Wing of the Travancore Devaswom Board shall submit periodical status reports of the cases, once in six months, to the Special Commissioner, Sabarimala. Such status reports of the Chief Vigilance Officer shall be placed before the Devaswom Bench, al