The court determined that administrative lapses in temple management did not constitute financial misconduct, thus confirming the Board's condonation order.

Raja Vijayaraghavan V, J.

The report submitted by the Ombudsman pertains to two complaints, namely Complaint Nos. 168/2020 and 168A/2020, filed by Sri. V. Manoj. The complaints relate to the Chittoor Pazhayannurkavu Temple and the renovation works carried out by the Temple Advisory Committee. The Ombudsman has noted the following lapses:

(i) The Devaswom Officer, Sri. Suresh, who was functioning in his capacity as an ex-officio member, committed default by failing to issue appropriate directions;

(ii) Separate cash books were not maintained by the Temple Advisory Committee;

(iii) Permission was not obtained from the Thanthri and the Board for conducting “Chanthabhishekam” and for the installation of the idol.

2. The Ombudsman further noted that, based on the Vigilance report and the enquiry conducted by the Board, explanations were called for from the Temple Advisory Committee. After considering the same, the Board passed an order dated 24.05.2022 condoning the actions of the Temple Advisory Committee and the Devaswom Officer and issued a warning directing them not to repeat such lapses in future. The Ombudsman has placed the matter before this Court for appropriate orders.

3. From the records placed before this Court, it is evident that an internal audit was conducted in respect of the works carried out by the Temple Advisory Committee, and the audit report has been produced before this Court. The internal audit has identified certain lapses, which were also taken note of by the Ombudsman.

4. It is seen that, immediately thereafter, the complainant had filed W.P.(C) No. 2882/2020 seeking disposal of the representation submitted by him, and the said writ petition was disposed of by order dated 03.02.2020.

5. Subsequently, the Board appointed a Vigilance team to re-examine the records and to ascertain whether any irregularities or lapses had occurred. The Vigilance report has been placed before this Court. The report reveals that the Vigilance team examined all the concerned persons and, upon perusal of the entire records relating to the reconstruction and renovation works, found no reason to doubt the audit report. It is further stated that the records do not disclose any instance of financial defalcation by any individual. However, certain recommendations were made by the Vigilance team, all of which were duly noted by the Ombudsman. In accordance with the same, explanations were sought from the Kshethra Upadesaka Samithi, and the Devaswom Officer. After considering the internal audit report, the Vigilance report, and the explanations submitted by the Committee and the Officer, the Board passed the order dated 24.05.2022.

6. Having regard to the facts and circumstances of the case and the nature of the lapses found, we are of the view that no further proceedings are required to be initiated. Since all relevant aspects have been examined, we do not find any material to indicate financial misappropriation. The lapses noticed pertain mainly to deficiencies in the maintenance of accounts and the failure to maintain separate cash books, which, as noted by both the audit and the Vigilance, were attributable to inexperience in handling such administrative and financial activities. We are therefore of the view that the order passed by the Board dated 24.05.2022 does not warrant any interference.

This DBP is accordingly closed.

Sd/-