The appointment of the Devaswom Commissioner must comply with statutory provisions, including eligibility and probation requirements; failure to do so renders the appointment invalid.

JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari or any other appropriate writ, order or direction to call for the entire records leading to Ext.P8 proceedings dated 10.05.2023 and Ext.P23 order dated 12.12.2023 of the 3rd respondent Board and quash the same; a writ of quo warranto or any other appropriate writ, order or direction to remove the 8th respondent from the post of Devaswom Commissioner, Travancore Devaswom Board; a writ of mandamus or any other appropriate writ, order or direction to the 3rd respondent Board to recover the liability found against the 8th respondent in Ext.P2 draft audit note of Thiruvallam Devaswom; a writ of mandamus or any other appropriate writ, order or direction directing the State Vigilance to conduct an investigation regarding the corruption and misappropriation of Devaswom funds by the 8th respondent; and a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent State and the 3rd respondent Board to strictly follow the Travancore Devaswom Board Officers’ and Servants’ Service Rules, 2022 in the appointment of the Devaswom Commissioner.

1.1. In the writ petition, it is stated that the petitioner is a Hindu by birth and a devotee, who retired from service on 31.01.2021 while working as Finance Commissioner in the 3rd respondent Board. In the writ petition, the petitioner has pointed out the directions contained in the order of this Court dated 19.07.2022 in DBP No.22 of 2022, Ext.P4 judgment of this Court dated 01.08.2023 in W.P(C) No.31159 of 2022 and also the pendency of DBP No.40 of 2023.

1.2. On 21.12.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1, 2 and 7, the learned Standing Counsel for Travancore Devaswom Board for respondents 3 to 6 and the learned Standing Counsel for Kerala Devaswom Recruitment Board for the 9th respondent. Notice on admission by special messenger was ordered to the 8th respondent. The learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court, the files relating to Ext.P23 order dated 12.12.2023 and the learned Standing Counsel for Devaswom Recruitment Board, the files relating to Ext.P13 minutes of the meeting of the Department Promotion Committee held on 24.08.2023.

1.3. On 21.12.2023, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court, the files relating to Ext.P23 order dated 12.12.2023. On 22.12.2023, the learned Standing Counsel for Devaswom Recruitment Board, who took notice for the 9th respondent Departmental Promotion Committee, made available for the perusal of this Court the files relating to Ext.P13 minutes of the meeting of the Departmental Promotion Committee held on 24.08.2023. After perusal, the files handed over by the learned Standing Counsel for the Devaswom Board and the learned Standing Counsel for Devaswom Recruitment Board were returned to the respective counsel.

1.4. The 8th respondent has filed a counter affidavit dated 02.01.2024, opposing the reliefs sought for in this writ petition, producing therewith Exts.R8(a) to R8(e) documents. The 3rd respondent Devaswom Board has filed a counter affidavit dated 03.01.2024 and the 9th respondent Departmental Promotion Committee has filed a counter affidavit dated 30.12.2023, opposing the reliefs sought for in the writ petition.

1.5. By the order dated 22.01.2024, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court, the files relating to the report dated 18.05.2023 of the Finance and Accounts Officer (Report No.FIO/319/23/IAD), the relevant files maintained in the office of the Finance and Accounts Officer, the office of the Devaswom Commissioner and also the Board office, relating to Ext.R7(f) procee