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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ.
Suo Motu – Petitioner
Versus
State Of Kerala, Represented By The Principal Secretary To Government, Revenue (Devaswom) Department and Ors. – Respondents
DBP No.81 Of 2023
Decided On : 30-05-2024
Discipline - Cochin Devaswom Board - Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 61, 62, 68, 73A, 74, 75 - The court emphasized the Board's duty to enforce strict disciplinary measures against employees found intoxicated in temple premises, highlighting the breach of trust in lenient penalties.
Fact of the Case:
An employee of the Cochin Devaswom Board was suspended for being found drunk in the Ernakulam Siva Temple. The court examined the Board's past disciplinary actions and the statutory obligations under the Travancore-Cochin Hindu Religious Institutions Act.
Finding of the Court:
The court found that the Cochin Devaswom Board had a statutory duty to enforce strict disciplinary measures against employees found intoxicated, and its lenient approach constituted a breach of trust.
Issues: Whether the Cochin Devaswom Board fulfilled its statutory duty in disciplining employees found intoxicated in temple premises.
Ratio Decidendi: The court held that the Board, as a trustee, must impose appropriate penalties for misconduct to uphold the integrity of the temple and protect the interests of the deity.
Result: The court directed the Cochin Devaswom Board to enforce strict disciplinary measures against intoxicated employees and ensure compliance with statutory obligations.
ORDER :
(Anil K. Narendran, J.) :
This DBP is registered suo motu, vide proceedings dated 22.08.2023, based on news items that appeared in Kerala Kaumudi Daily dated 23.08.2023 and Malayala Manorama Daily dated 24.08.2023 that an employee of Cochin Devaswom Board has been placed under suspension after he was found drunk in the Oottupura of Ernakulam Siva Temple.
2. As per the news report in Malayala Manorama Daily dated 24.08.2023, the 2nd respondent Cochin Devaswom Board has suspended the Counter Assistant of Ernakulam Siva Temple, after he was found drunk in the Oottupura of that temple. On 19.08.2023 he did not report for duty. Later he was found drunk in the room above Ernakulathappan Hall. As per the statement of the Devaswom Officer, on 19.08.2023 itself, the Counter Assistant was sent out of that room. On 20.08.2023, he was not permitted to work in the temple and was issued with a memo. The Assistant Commissioner, Thripunithura Group came to the temple on 20.08.2023 and recommended action against the Counter Assistant. Based on the recommendation made in the report of the Assistant Commissioner, the Counter Assistant has been placed under suspension. A copy of that report has also been given to the Tantri of Ernakulam Siva Temple.
3. As per the news report in Kerala Kaumudi Daily dated 23.08.2023, along with the Counter Assistant, there were two other employees – one Kazhakam and a temporary Devaswom employee - who came from Thrissur. The Devaswom employees including the Devaswom Officer are staying in the room above the Oottupura of Ernakulam Siva Temple. There are two rooms above Eranakulathappan Hall for the use of marriage parties. The incident came to light after it was witnessed by the members of a marriage party.
4. On 24.08.2023, when this matter came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that the Counter Assistant of Ernakulam Siva Temple, who was found drunk on 19.08.2023, has already been placed under suspension vide Order No.M4-10029/2023 dated 21.08.2023 of 3rd respondent Devaswom Commissioner. On a specific query made by this Court as to whether similar misconducts were committed by the Devaswom employees in other temples under the management of the Cochin Devaswom Board and the nature of penalty imposed, the learned Standing Counsel has made available for the perusal of this Court copy of Order No.M-33/19 (1) dated 04.10.2019, Order No.M-2012/20 dated 12.04.2021 and Order No.M4-9550/22 dated 19.11.2022 of the 2nd respondent Board and Order No.M4-3098/23 dated 25.07.2023 of the 3rd respondent Devaswom Commissioner.
5. In the order dated 24.08.2023, this Court noticed that by the aforesaid orders dated 04.10.2019, 12.04.2021 and 19.11.2022 of the 2nd respondent Cochin Devaswom Board, the Devaswom employees, who alleged to have been committed similar misconducts, were reinstated in service with a warning or withholding of increment or treating the period of suspension as a service break. By the order dated 25.07.2023 of the 3rd respondent Devaswom Commissioner, a Sambandhi of Valanjambalam Temple has been placed under suspension, since he was found drunk in the temple premises on 25.02.2023, during temple festival.
6. In the order dated 24.08.2023, this Court noticed that, in view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, the Cochin Devaswom Board is duty-bound to administer the affairs of Ernakulam Devaswom, which is an incorporated Devaswom, and Ernakulam Shiva Temple under its management in accordance with the objects of the trust, the established usage and customs of the said temple. The Board has a statutory duty to monitor whether the administrative staff and employees and also the employees connected with religious rites in the said temple are functioning properly and to exercise supervision and control over their acts and proceedings. An improper act in the administration of Ernakulam Shiva Temple
The Cochin Devaswom Board must impose stringent penalties for misconduct by employees to uphold its fiduciary duties under the Travancore-Cochin Hindu Religious Institutions Act.
The Travancore Devaswom Board must verify credentials of officers before postings to ensure integrity and proper management of religious institutions.
The court established that the Travancore Devaswom Board has a robust obligation to manage and protect the properties of Devaswoms, reinforcing the necessity for careful credential scrutiny of staff ....
The court established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
The Travancore Devaswom Board has a statutory duty to manage Devaswoms and must act on reports of misconduct, ensuring timely compliance with court directives.
Devaswom Boards are trustees with a legal obligation to protect and manage the properties of the Devaswoms, and failure to do so constitutes a breach of trust.
Trustees of religious institutions must adhere to fiduciary duties and statutory guidelines to safeguard temple funds and avoid conflicts of interest.
The central legal point established in the judgment is the duty of the Travancore Devaswom Board to manage temple properties, perform traditional rites, and ensure compliance with statutory duties an....
Section 62 of Act deals with vesting of administration in Board.
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