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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ.
N.S.Krishnan – Appellant
Versus
The Travancore Devaswom Board – Respondent
DBP NO. 111 of 2024
Decided on : 08-11-2024
(A) Travancore Cochin Hindu Religious Institutions Act, 1950 - Ombudsman functions - The Ombudsman is mandated to investigate complaints involving misappropriation, maladministration, and corruption in the functioning of the Travancore Devaswom Board and its institutions, not personal grievances of employees. (Paras 4-6)
(B) Jurisdiction of Ombudsman - Complaints regarding individual grievances of employees, such as transfer and terminal benefits, must be raised in a writ petition under Article 226 of the Constitution of India, not before the Ombudsman. (Paras 7-8)
Facts of the case:
The complainant, a retired employee of the Travancore Devaswom Board, alleged non-payment of terminal benefits post-retirement on 31.05.2021. Reports indicated delays in processing his pension. (Paras 1-3)
Findings of Court:
The court clarified that individual grievances of employees regarding service matters could not be addressed by the Ombudsman but must be pursued through writ petitions. (Paras 6-8)
Issues: The primary issue was whether the Ombudsman could address personal grievances of employees regarding service matters. (Paras 4-5)
Ratio Decidendi: The court ruled that the Ombudsman's role is to protect public interest and not resolve personal grievances of employees, clarifying the scope of the Ombudsman's functions. (Paras 4-6)
Result: DBP disposed of without prejudice to the complainant's right to seek redress through writ jurisdiction.
ORDER :
Anil K. Narendran, J.
This DBP is registered based on Report No.67 of 2024 of the learned ombudsman in Complaint No.206 of 2023 made by the petitioner/complainant, who retired from service of the Travancore Devaswom Board as a Part-time Sambandhi on 31.05.2021, on attaining the age of superannuation. He filed the complaint dated 11.10.2023, feeling aggrieved by the denial of terminal benefits. On that complaint, the learned Ombudsman has filed Report No.67 of 2024, which reads thus;
Admitted amount not having been paid, the Board was directed expedite the matter. The complainant retired on 31.05.2021. Detailed proceedings were issued on 04.01.2024 and the case was adjourned to 14.03.2024. However, on 14.03.2024, without mentioning any reason, it was reported that the service book of the complainant was not verified. Hence, further proceedings was issued on 14.03 2024 alerting the Officers of the Board that the matter will be reported to the Honourable High Court unless expeditious steps are taken in this regard. On 06.06.2024, a report was submitted stating that the pensionary records are under preparation and routine steps are being taken to complete the work. The matter was adjourned reluctantly to 08.08.2024 on which day a report was filed stating that steps are being taken for payment of the pension (The reports dated 06.06.2024 and 07.08.2024 are marked as Annexures 02 and 03 respectively). Even that has not been done. Hence as the last chance, the case was adjourned to this day. Nothing is seen done in this matter thereafter. Hence the matter is brought to the notice of the Honourable High Court for appropriate orders.”
2. Heard the learned Standing Counsel for Travancore Devaswom Board for respondents 1 and 2 and also the learned Amicus Curiae for the learned Ombudsman.
3. The powers of the learned Ombudsman, as per the order of this Court dated 27.11.2007 in O.P.No.3821 of 1990, W.P.(C)No.19571 of 2007 and DBP No.1 of 2006 are as follows;
1. Ombudsman will oversee the audits undertaken by the auditors appointed by the High Court and also would examine the accounts of the Board as and when found necessary. Ombudsman will see that all the pending audits in respect of the Boards be completed at the earliest and if necessary by engaging qualified and reputed Chartered Accountants after obtaining permission from his court and will submit report to this court periodically.
2. Ombudsman will submit periodical reports to the High Court with regard to all cases of irregular, illegal and improper expenditure or the acts of failure to recover moneys and other properties due to the Boards or to the Institutions under their management or of loss or waste of money or other property thereof caused by neglect or misconduct.
3. Ombudsman is authorised to investigate all complaints received from the devotees, temple employees, members of the Board or on a reference by the High Court or from the Government or that come to his notice with regard to misappropriation, maladministration, corruption etc. in the functioning of the Board or the temples or the Institutions under the management and administration of the Boards and submit report to this court periodically.
4. Ombudsman would also take effective steps to recover properties, movable and immovable, of various temples which have been encroached upon illegally by third parties and to take steps to see that the opening, counting and remitting of collection be made in a transparent manner and curb all loopholes of misutilisation and diversion of temple funds.
5. Ombudsman also would take effective steps to expedite cases pending before various courts taking into account the best interest of the temples and its properties and see t
The Ombudsman for the Travancore Devaswom Board cannot entertain individual employee grievances regarding service matters; such issues must be raised in a writ petition under Article 226.
The Ombudsman for Devaswom Boards is mandated to address public interest complaints regarding mismanagement, while personal grievances of employees must be resolved through appropriate legal channels....
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 Travancore Devaswom Board must verify credentials of officers before postings to ensure integrity and proper management of religious institutions.
The court ruled that complaints about deployment of Devaswom employees during festivals must be addressed through writ petitions, emphasizing adherence to existing judicial guidelines.
The existing provisions under the Travancore-Cochin Hindu Religious Institutions Act and previous court orders adequately govern staff deployment for special duties during festivals, limiting grounds....
The appointment of the Devaswom Commissioner must comply with statutory provisions, including eligibility and probation requirements; failure to do so renders the appointment invalid.
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 ens....
The decision underscores the significance of administrative oversight in public institutions and the necessity for timely responses to audits and complaints.
The Travancore Devaswom Board has a statutory duty to manage Devaswoms and must act on reports of misconduct, ensuring timely compliance with court directives.
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