Kerala High Court
Joint Director Of Kerala State ... vs Secretary on 9 March, 2021
DBAR 3/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
For information& purpose only
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday,the 9th day of March 2021/18th Phalguna, 1942
DBAR No.3/2020
(IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SPECIAL AUDIT
REPORT ON THE AUDIT OF ACCOUNTS OF KANJIRAKODU SUB GROUP
DEVASWOMS IN KOLLAM GROUP FOR THE PERIOD FROM 04/2016 TO
12/2018)
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PETITIONER :
JOINT DIRECTOR OF KERALA STATE AUDIT DEPARTMENT
TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER for the petitioner
RESPONDENT:
SECRETARY
TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM.
BY SRI.G.SANTHOSH KUMAR , SC, TRAVANCORE DEVASWOM BOARD
The DBAR 3/2020 having come up for orders on 09/03/2021, upon perusing the
petition, the court on the same day passed the following.
DBAR 3/2020 2/3
C.T.RAVIKUMAR & MURALI PURUSHOTHAMAN, JJ.
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DBAR No.3 of 2020
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Dated this the 9th day of March 2021
For information purpose only
ORDER
Ravikumar,J.
Pursuant to the direction of this Court on 17.07.2020, a statement
has been filed by the Secretary, Travancore Devaswom Board. In
paragraph 5 therein, reference was made about the judgment in
W.P.(C) No.11343/2020 dated 11.06.2020. It would reveal that in
respect of one Radhakrishnan Achari, who was working as Sub Group
Officer under the Board, it was directed to finalise disciplinary
proceedings initiated against him within sixty days. Obviously, that
was in respect of his failure to report for duty pursuant to his posting
at Sabarimala. The statement would further reveal that as against
him, other proceedings were also initiated or proposed to be initiated.
In Paragraph 8, it is stated thus:-
8. It is further submitted that this Respondent ensures that appropriate
departmental actions would be initiated in accordance to law by the
Board against the delinquent officer based on the Audit Report of
Kanjirakodu Sub Group Devaswoms in Kollam Group for the period
from April-2016 to December-2018 in a time bound manner.
2 . Paragraph 8 extracted above would reveal that in respect of
certain incidents, warranting initiation of appropriate departmental
action, actions were not actually initiated and at the same time, the
respondent only ensures that appropriate departmental actions would
be initiated. It is to be noted that the recital in paragraph 8 would
DBAR 3/2020 3/3
indicate that, such instances occurred during the period from
April-2016 to December-2018. In the said circumstances, we have no
hesitation to hold that the statement would only reveal the lethargic
attitude from the part of the authority in initiating appropriate action
at the appropriate time. We shall not be understood to have held that
the aforesaid person is guilty of any misconduct allegedly involved in
such incident. Essentially, it is the matter to be decided in appropriate
For information purpose only
proceedings initiated in accordance with law.
However, in the light of the recitals in paragraphs 5 and 8, the
respondent shall file an affidavit within ten days, as to whether
departmental proceedings have already been initiated as undertaken
in paragraph 8 and if so, what is the outcome of such proceedings
already initiated. Such a statement shall be placed on records within a
period of two weeks.
C.T.RAVIKUMAR,
JUDGE
MURALI PURUSHOTHAMAN, JUDGE
SB/09/03/2021
/true copy/
Sd/-
ASSISTANT REGISTRAR
