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2023 Supreme(Online)(KER) 247

HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent
SSCR 40/2023



Advocates:
SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER, SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD, SRI N.RAGHURAJ - AMICUS CURIAE FOR SPL COMMISSIONER, SABARIMALA

The Travancore Devaswom Board has a fiduciary duty to exercise strict oversight over its operations to prevent misappropriation and ensure accountability.

Headnote:

Misappropriation - Sabarimala Accommodation Funds - Travancore-Cochin Hindu Religious Institutions Act, 1950; Sections 15A, 16, 31 - The court addressed fraudulent activities by a caretaker, emphasizing the board's fiduciary duties and the need for oversight.

Fact of the Case:

A caretaker at Sree Matha Accommodation Centre misappropriated funds by fabricating receipts for accommodation, resulting in significant loss to the Travancore Devaswom Board. Investigations revealed systematic fraud involving additional charges not documented in original receipts.

Finding of the Court:

The court concluded that the Travancore Devaswom Board has a clear duty to supervise its employees and manage the properties of the Devaswoms. Guidelines for accountability and corrections were mandated to prevent future misconduct.

Issues: Whether the Travancore Devaswom Board acted appropriately to prevent misappropriation of funds and the extent of its oversight responsibilities for managing accommodation centers.

Ratio Decidendi: The court established that the board has a fiduciary duty, akin to that of trustees, to protect the interests and properties of the religious institution, ensuring strict control and administration to prevent financial misconduct.

Final Decision: The court directed the Travancore Devaswom Board to take remedial actions as per audit suggestions within two weeks.

ORDER

Anil K. Narendran, J.

The Special Commissioner, Sabarimala has filed this report regarding misappropriation of funds by one Sreekanth S.P., Watcher of Keleswaram Devaswom of Neyyattinkara Group of Travancore Devaswom Board by fabricating receipts, while he was on special duty as the Caretaker of Sree Matha Accommodation Centre (Donor House No.7) at Sabarimala Sannidhanam.

2. As per the report, the Vigilance Wing of Travancore Devaswom Board, headed by the 5th respondent Chief Vigilance and Security Officer, conducted a surprise check at Sree Matha Accommodation Centre during the night of 28.11.2023 and it was found that in Room Nos.4 and 24 altogether 46 pilgrims were accommodated, though they were issued with receipts for accommodating only 28 pilgrims. With regard to the additional 18 pilgrims accommodated in those rooms, in the carbon copy and original receipts produced by Sreekanth, the Caretaker, there was huge variation in the number of pilgrims accommodated and the amount collected. In the carbon copy of receipt No.21037, it was written that only Rs.2,172/- was collected for the additional 5 pilgrims. However, in the original of the receipt, it was written that for the additional 5 pilgrims, only Rs.638/- was collected. On a detailed inspection of both the receipts, it was revealed that the Caretaker did not write in the original receipt at the time of collection of fee for the additional pilgrims. He wrote only the carbon copy and received the entire amount and thereafter, in the original receipt he wrote the reduced amount and the number of pilgrims. Thereby, the caretaker fraudulently and dishonestly fabricated the receipt and caused a wrongful loss of Rs.1,534/- to the Devaswom.

3. As per the report, on examination of Room No.19 in Sree Matha Accommodation Centre, it was found that though 35 pilgrims were accommodated, they were issued only receipt for accommodating 19 pilgrims. For the remaining 16 additional pilgrims, as per Receipt No.21036 issued by the Caretaker, Rs.1,870/- was seen collected for 16 pilgrims. However, the original receipt, which was with the Caretaker, reflected only the reduced amount of Rs.526/- collected for 4 additional pilgrims. Therefore, the Caretaker fabricated the receipt and misappropriated Rs.1,344/- with regard to Room No.19.

4. On 01.12.2023, when this report came up for consideration, this Court noticed that as per the report of the Special Commissioner, Sabarimala, on interrogation, Sreekanth, the Caretaker, revealed that he used to misappropriate funds in the above manner in the past as well and used to entrust the embezzled funds to one Raja, who is conducting Sree Ayyappa Bhavan Hotel at Sannidhanam and the said person used to transfer the funds back to Sreekanth in his Google pay account. On verification, it was found that on 21.11.2023, 23.11.2023 and 24.11.2023, the said Raja transferred Rs.6,000/-, Rs.3,500/- and Rs.1,500/- respectively by ‘Google Pay’ into the account of Sreekanth. It was also revealed that during this Mandala-Makaravilakku festival season about Rs.8,590/- was received by Google Pay and Rs.1,800/- was received by ‘Paytm’ into the account of Sreekanth. He had also admitted that the said amount was transferred into his account by the persons, who had availed accommodation in Sree Matha Accommodation Centre. On a detailed interrogation of Raja, the person who is conducting Ayyappa Bhavan Hotel, it was revealed that he had paid Rs.11,200/- into the account of Sreekanth by ‘Google Pay’ and all those amounts were entrusted to him by Sreekanth on different dates. It was submitted on behalf of the learned Standing Counsel for Travancore Devaswom Board that based on the report dated 29.11.2023 of the 4th respondent Executive Officer, Sabarimala, the 3rd respondent Devaswom Commissioner issued an order dated 30.11.2023, whereby the Caretaker Sreekanth is placed under suspension, pending enquiry.

5. By the order dated 01.12.2023, this Court directed the

5th responden

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