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2023 Supreme(Online)(KER) 24674
HIGH COURT OF KERALA
ANIL K. NARENDRAN, SOPHY THOMAS, JJ
ABHILASH S – Appellant
Versus
THE SPECIAL DEVASWOM COMMISSIONER, – Respondent
DBP 97 2018
SRI.T.K.RAJESHKUMAR, ASHLEY FRANC.V.G, SRI. K.P SUDHEER, SC,CDB, SRI.S.RAJMOHAN, SR.GOVT.PLEADER, SRI.P. RAMACHANDRAN, AMICUS CURIAE, SRI.P.K.RAVINDRANATHA MENON (SR.), SC INCOME TAX, SRI.JOSE JOSEPH, SC, INCOME TAX
The court established that temple management must maintain high transparency and accountability standards, especially in financial transactions involving public trust.
Headnote:
Corruption - Temple Management - Acts List - The court discussed the allegations against temple officials regarding the misuse of demonetized currency, key legal interpretations of accountability within temple management, and the procedural failures in following due vigilance protocols, expressing the need for corrective actions based on the findings.
Fact of the Case:
A complaint was filed alleging that officials of the Chottanikkara Devaswom accepted demonetized notes after November 2016, involving considerable amounts from the sale of gold lockets, leading to claims of corrupt practices.
Finding of the Court:
The court found inadequate actions taken by the Devaswom Board against the involved officials, emphasizing the questionable sale practices and insufficient identification of buyers, necessitating immediate remedial measures.
Issues: Whether the Cochin Devaswom Board acted appropriately in response to allegations of corruption concerning the sale of gold lockets using demonetized notes by its officials.
Ratio Decidendi: The court determined that the seriousness of the sales and the manner of transactions warranted direct action and oversight by the Cochin Devaswom Board to ensure accountability and transparency.
Final Decision: The court disposed of the DBP, directing the Cochin Devaswom Board to take necessary actions based on ongoing investigations.
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu based on CDB Report No.88 of 2018 of the learned Ombudsman in Complaint No.71 of 2017 made by one Abhilash S., who is arrayed as the petitioner herein. The report of the learned Ombudsman reads thus;
“The above Complaint was filed by one Shri S. Abhilash. The subject matter of the complaint is shown to be related to the demonetisation of the Rupee Notes. It is alleged that the then Chottanikkara Devaswom Manager Shri Bijukumar and then Assistant Commissioner Shri E.K.Manoj had received Rupee Notes of the denomination Rs.500/- and Rs.1,000/- after 08.11.2016 totalling to Rs.55,18,000/-. It is admitted that the same was credited to the Accounts through the Bank. The amount received is towards the cost of the Gold Lockets of different sizes sold. It is stated that there was a notice in the board that after 11.11.2016, the demonetized Notes will not be received at the Counter. From the facts as noticed, according to him, the amount was received and remitted to the Bank. It is also stated that during this period, both the Devaswom Manager and the Assistant Commissioner had with them the demonetized Notes. There is also an allegation that Shri Manoj had gone on causal leave and he was not granted leave. It is also alleged that the Special Devaswom Commissioner had also had a hand-in- glove with the alleged receipt of the demonetized Notes.
There is also an allegation that Professors were appointed in the Rama Varma College under the Cochin Devaswom Board. There is corruption. There are other allegations as well. However, the payer in the petition is to take action against the Assistant Devaswom Commissioner and also against the then Manager Shri Bijukumar. A copy of the aforesaid Complaint dated 20.02.2017 is marked as Annexure O1 (without enclosures as it is voluminous).
2. Pursuant to the notice issued, a statement was filed by the Secretary, Cochin Devaswom Board in which it is stated that the Vigilance Wing had been directed to enquire into the allegation and they have submitted a report and it is found that more care should have been taken by the concerned officials by dealing such issue and considering the Vigilance Report, the incumbents Shri E.K.Manoj and Shri Bijukumar. A copy of the Order is enclosed as Exhibit R1(a). It is also stated that a Vigilance Enquiry by the State Vigilance and Anti- Corruption Bureau is also going on in the same subject matter. Copy of the aforesaid statement dated
13.07.2017 is marked as Annexure O2.
3. A communication from the Director, Vigilance and Anti- Corruption Bureau addressed to the Additional Chief Secretary produced in the case shows that Gold Lockets were sold in Chottanikkara Devaswom unauthorisedly by using demonetized Notes and to inform the same to the Income Tax Department. Copy of the said Communication is marked as Annexure O3.
4. Since the Vigilance conducted an enquiry at the instance of the Devaswom Board, it is for the Devaswom Board to consider the report to decide the further course of action, if any required based on the finding in respect of the other allegations. Since the Board has not filed any further reply regarding the other allegations raised in the Complaint awaiting the report of the Vigilance which has already been filed above, the proper course open is to leave the matter to be decided by the Board after considering the report.
2. On 17.12.2018, when this DBP came up for consideration, the learned Standing Counsel for the Cochin Devaswom Board sought time to get instructions. Registry was directed to issue urgent notice to the complainant by speed post.
3. On 07.01.2019, when this DBP came up for consideration, this Court passed an order, which was followed by orders dated 21.01.2019 and 12.02.2019.
4. Along with a memo dated 22.02.2019 filed by the learned Senior Government Pleader, a letter issued by the Deputy Superintendent of Police-II, Vigilance & Anti-Corruption Bureau, Central Range, Ernakulam has be
