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2022 Supreme(Online)(KER) 9188

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent
DBP NO.22 OF 2022



Advocates:
For the Appellants/Petitioners: GOVERNMENT PLEADER SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
For the Respondents: GOVERNMENT PLEADER SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD

The Travancore Devaswom Board must verify credentials of officers before postings to ensure integrity and proper management of religious institutions.

Headnote:(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 1, 3, 15, 15A, and 16 - Administrative control of Devaswoms - Directions to ensure proper credentials of officers posted in major temples were elaborated by the Court - Proper monitoring and adherence to appointment procedures were emphasized. (Paras 5, 19)

(B) The Court reaffirmed that the Board must ensure the rightful performance of duties by employees and oversee the management of properties. (Para 18)

Facts of the case:
A complainant raised allegations regarding irregularities in the posting of Devaswom staff at prominent temples, leading to a suo motu inquiry to examine the qualifications and histories of certain officials.

Findings of Court:
The Court found no basis to interfere with the current postings and mandated that personnel should only be appointed after thorough verification of their credentials.

Issues: Whether proper procedures were followed for posting officers at major temples and the implications of disciplinary actions against them were central to the case.

Ratio Decidendi: The Court established that the Travancore Devaswom Board acts similarly to a trustee, thus necessitating strict adherence to credible appointment protocols to ensure the integrity of temple management.

Result: Directions issued for monitoring officer postings and ensuring credentials verification.

Table of Content
1. suo motu proceedings initiated on irregularities in temple staff posting. (Para 1 , 2 , 5)
2. board's duties under the travancore-cochin hindu religious institutions act. (Para 7)
3. necessary review and monitoring protocols for staff postings upheld. (Para 8 , 19)
4. court's directives for response to irregularities and property management. (Para 12)
5. trusteeship obligations of the board in managing devaswom properties. (Para 14 , 18)

Anil K. Narendran, J.

This DBP is registered suo motu based on the proceedings dated 15.06.2022. A devotee of Lord Ayyappa has submitted a complaint dated 13.06.2022, alleging serious irregularities in the posting of Devaswom Staff at Sabarimala and in Sreekandeshwaram Temple, Kottarakkara Temple, etc.

2. By the order dated 09.06.2022 in DBA No.4 of 2022, this Court granted permission for the transfer and posting of five officers at Sabarimala, Pamba and Erumeli Devaswoms. DBA No.4 of 2022 filed by the Travancore Devaswom Board was supported by an affidavit sworn to by the Secretary of the Board, the report dated 06.06.2022 of the Superintendent of Police, Vigilance and Security Wing (Annexure A3), regarding the enquiry conducted on the credentials of the incumbents considered for posting in Sabarimala, Pamba and Erumeli Devaswoms. By the said order, Registry was directed to initiate suo motu proceedings in the matter of transfer and postings of Devaswom Staff to the Vigilance Wing of the Travancore Devaswom Board, having offices at Thiruvananthapuram, Mavelikkara and Vaikom. In the said order, this Court felt that, before ordering transfer and postings of Devaswom Staff to the Vigilance Wing of the Travancore Devaswom Board having offices at Thiruvananthapuram, Mavelikkara and Vaikom, the Superintendent of Police, Vigilance & Security Wing of the Board has to conduct an enquiry regarding the credentials of the incumbents considered for posting. Pursuant to the said order, Registry has initiated a suo motu proceedings, as DBP No.21 of 2022.

3. On 20.06.2022, when this DBP came up for consideration, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for Special Commissioner, Sabarimala sought time to get instructions. By the order dated 20.06.2022, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court, the files relating to the disciplinary proceedings initiated against Sri.H.Krishnakumar, who is posted as Executive Officer, Sabarimala, which was dropped vide order No.ROC 3971/20/VIG/EST1(ii) dated 18.02.2022 and that initiated against Sri.N. Sreedhara Sarma, who is posted as Administrative Officer, Erumeli Devaswom, which was finalised vide order No.ROC 8027/01/VIG/N dated 26.09.2005. Registry was directed to tag the judges papers in DBA No.4 of 2022, in the judges papers of this matter.

4. On 28.06.2022, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court the files relating to the disciplinary proceedings initiated against Sri.H. Krishnakumar, who is posted as the Executive Officer, Sabarimala and Sri.N. Sreedhara Sarma, who is posted as the Administrative Officer, Erumeli Devawom. The learned Senior Government Pleader and also the learned Amicus Curiae for Special Commissioner, Sabarimala were permitted to peruse the files, in the presence of the learned Standing Counsel for Travancore Devaswom Board.

5. The 3rd respondent Devaswom Commissioner has filed an affidavit dated 13.07.2022, wherein it is stated that, after the order of this Court dated 01.08.2012 in DBAR No.6 of 2010, whereby it was directed that the transfers and postings of all officers to Sabarimala, Pamba and Erumeli Devaswoms should be done only with the prior approval of this Court, the postings are being done in terms of the directions issued by this Court. The general trans

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