IMPORTANT POINT
The main legal point established in the judgment is the duty of the Travancore Devaswom Board to monitor the proper functioning of administrative officials and employees, maintain religious institutions, and manage properties and affairs of Devaswoms, as per the Travancore-Cochin Hindu Religious Institutions Act.

ORDER :

Anil K. Narendran, J.

The Travancore Devaswom Board has filed this DBA seeking permission to transfer the officers who are presently working in various posts at Sabarimala, Pamba, Nilakkal and Erumeli on completion of their tenure, and post substitutes to their posts as per Annexure A1 Board order dated 22.06.2024. The affidavit dated 26.06.2024 filed in support of this DBA is one sworn to by the Secretary of the Board.

2. In paragraphs 3 to 6 of the affidavit dated 26.06.2024, the credentials of the officers who are proposed to be transferred as Executive Officer, Sabarimala, Assistant Executive Officer, Sabarimala and as the Administrative Officers of Sabarimala Devaswom, Pamba Devaswom, Nilakkal Devaswom and Erumeli Devaswom have been furnished. The names of those 6 officers, the post presently held by them and the post to which they are proposed to be transferred are furnished in paragraph 7 of that affidavit. The reports dated 15.06.2024 and 21.06.2024 of the Chief Vigilance and Security Officer (Superintendent of Police), Travancore Devaswom Board on the credentials of those officers are marked as Annexures A2 and A3.

3. On 28.06.2024, when this DBA came up for consideration, the learned Senior Government Pleader sought time to get instructions from the 1st respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit. The learned Standing Counsel for the Travancore Devaswom Board was directed to get instructions on the aspects pointed out by the Chief Vigilance and Security Officer in Annexures A2 and A3 reports.

4. On 04.07.2024, when this matter came up for consideration, we perused the files handed over by the learned Standing Counsel and the written instructions of the Chief Vigilance and Security Officer, vide letter No.CT.217/24/TDB/VIG dated 04.07.2024, to the learned Standing Counsel. Along with a memo dated 04.07.2024, the learned Standing Counsel has placed on record a copy of that letter dated 04.07.2024.

5. Heard the learned Standing Counsel for the Travancore Devaswom Board and also the learned Senior Government Pleader for the respondents.

6. During the course of arguments, on a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board would submit that this DBA is filed pursuant to the direction contained in the order of this Court dated 01.08.2012 in DBAR No.16 of 2010.

7. The learned Standing Counsel has made available for the perusal of this Court a copy of the order dated 01.08.2012 in DBAR No.16 of 2010, which reads thus;

“Having regard to different aspects touching the management of Sabarimala Sannidhanam, Pampa and Erumeli, including the fact that huge amounts of resources are being managed by those establishments, we are of the view that there is a need to increase the bench mark for transparency of handling those establishments. One mode is to ensure that transfers and postings to those temples are done with information to the High Court. Insofar as the selection of Melsanthi, Keezhsanthi, etc., there is already a situation in place where the High Court, though does not get involved in the selection, has a supervisory eye. We feel that it is abundantly necessary that transfers and postings of all officers to those temples, except clerical staff, should be done only with the approval of the High Court, though the persons are to be identified by the Board. To put this in operation forthwith, it is directed that the identity of persons who have been transferred to Sabarimala in the year 2012 shall be placed before the High Court along with a short report of the track record of each such person. We also need to be told whether the Vigilance Wing of the Travancore Devaswom Board has any role in assessing or in the matter of identifying the officers to be sent to Sabarimala Sannidhanam, Pampa and Erumeli. Insofar as the officers who are now posted therein are concerned, reports shall be placed on record in terms of the aforesaid direction, without