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HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent
DBP/21/2022
Devaswom - Administration of Devaswoms - Travancore-Cochin Hindu Religious Institutions Act - Sections 3, 15, 15A, 16, 24, 27, 31 - The Act vests administration and control of Devaswoms in the Board, emphasizing the need for proper management and credential verification of officials to ensure accountability and integrity.
Fact of the Case:
The Travancore Devaswom Board sought permission for the transfer and postings of officers, which prompted an inquiry into the credentials of the involved staff to ensure proper governance amidst allegations of corruption.
Finding of the Court:
The court mandated that the Travancore Devaswom Board must verify the credentials of staff before transfers and postings to the Vigilance Wing to uphold proper administration and accountability, aligning with existing statutory provisions.
Issues: Whether the Travancore Devaswom Board is fulfilling its statutory duty in the management and supervision of religious institutions, particularly in verifying the credentials of officials before their appointment.
Ratio Decidendi: The court reaffirmed the statutory obligations of the Travancore Devaswom Board under the Act, emphasizing the requirement to ensure that only qualified and reputable individuals are appointed in sensitive roles within the Vigilance Wing.
Final Decision: The Court disposed of the DBP directing credential verification for postings in the Vigilance Wing of the Travancore Devaswom Board.
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu based on the order of this Court dated 09.06.2022 in DBA No.4 of 2022.
2. The 3rd respondent Travancore Devaswom Board filed DBA No.4 of 2022 seeking permission to effect transfer and postings of officers at Sabarimala, Pamba and Erumeli Devaswoms, for the year 2022-23. By the order dated 09.06.2022, this Court disposed of the said DBA. Considering the averments in the affidavit filed in support of that DBA, the report dated 06.06.2022 (Annexure-3) of the Superintendent of Police, Vigilance and Security Wing of the Board and also the submissions made by the learned Standing Counsel for the Board and the learned Senior Government Pleader for the Local Fund Audit, this Court granted permission to the transfer and posting of the officers mentioned in paragraph 4 of the said order, to the posts shown against their respective names, at Sabarimala, Pamba and Erumeli Devaswoms.
3. By the order dated 14.02.2022, this Court disposed of DBP No.2 of 2022, which was registered suo motu, based on a news report that appeared in Mathrubhumi online edition on 30.01.2022 alleging huge corruption behind fake food bills submitted by the officials of Travancore Devaswom Board. In the said order – Suo Motu v. State of Kerala and others [2022 (2) KHC 411] - this Court issued various directions to see that only most efficient and upright Police officers are posted on deputation in the Vigilance Wing of the Travancore Devaswom Board.
4. Taking into consideration the directions contained in the order dated 14.02.2022 in D.B.P.No.2 of 2022, while disposing of DBA No.4 of 2022 by the order dated 09.06.2022, this Court felt the need to conduct an enquiry by the Superintendent of Police, Vigilance and Security Wing of the Board regarding the credentials of the incumbents, before ordering transfer and posting of Devaswom staff to the Vigilance Wing of the Board having offices at Thiruvananthapuram, Mavelikkara and Vaikom. Pursuant to the direction contained in the order dated 09.06.2022 in DBA No.4 of 2022, Registry has initiated this suo motu proceedings in the matter of transfer and postings of Devaswom staff to the Vigilance Wing of the Board.
5. On 20.06.2022, when this DBP came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. By the order dated 20.06.2022, the 5th respondent Chief Vigilance and Security Officer was directed to place on record an enquiry report on the credentials of the incumbents posted in the Vigilance Wing of the Board having offices at Thiruvananthapuram, Mavelikara and Vaikom, before the next posting date.
6. Pursuant to the direction contained in the order dated
20.06.2022, the 5th respondent conducted an enquiry and submitted a report dated 24.06.2022 to the Secretary of the Board. On 28.06.2022, when this DBP came up for consideration, the learned Standing Counsel for the Board has made available for the perusal of this Court a copy of the report dated 24.06.2022, in respect of Sri.G. Muraleedharan Pillai, Sri.K.Manoj Kumar and Sri.M.G.Madhu, who were posted in the Vigilance Wing of the Board at Thiruvananthapuram, Mavelikara and Vaikom, respectively. The report filed by the 5th respondent was not favourable to Sri.K.Manoj Kumar and Sri.M.G.Madhu. The learned Standing Counsel submitted that the above report will be placed immediately before the Board for necessary action and that, a copy of the said report and its enclosures shall be placed on record along with an affidavit of the Secretary of the Board. By the order dated 28.06.2022, this Court directed the Board to ensure that before posting any officer in the Vigilance Wing of the Board at Thiruvananthapuram, Mavelikara and Vaikom, the credentials of the officer concerned are ascertained through the report of the 5th respondent.
7. On 05.07.2022, when this DBP came up for consideration, the learned Standing Couns
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