Kerala High Court
Suo Motu vs State Of Kerala on 11 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Wednesday, the 11th day of October 2023 / 19th Aswina, 1945
DBP NO. 101 OF 2023
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - APPOINTMENT OF DEVASWOM
COMMISSIONER - SUO MOTU PROCEEDINGS INITIATED BASED ON VARIOUS COMPLAINTS
RECEIVED - REG:
---------------
PETITIONER:
SUO MOTU
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
2. PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
3. JOINT DIRECTOR
KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT,
NANTHANCODE P.O, THIRUVANANTHAPURAM - 695003
4. TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN-695 003
REPRESENTED BY ITS SECRETARY
5. DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM - 695003.
6. DEPUTY DIRECTOR
KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003
7. DEPUTY DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM-695003
8. CHIEF VIGILANCE AND SECURITY OFFICER
(SUPERINTENDENT OF POLICE- VIGILANCE) TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM - 695003
9. FINANCE AND ACCOUNTS OFFICER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM-695003
10. C.N.RAMAN
DEPUTY DEVASWOM COMMISSIONER, FINANCE AND INSPECTION,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM - 695003
BY SRI.S.RAJMOHAN, SENIOR GOVERNMENT PLEADER
BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD
BY SRI.P.GOPAL, Counsel for R10
THE DEVASWOM BOARD PETITION ALONG WITH CONNECTED CASES HAVING
COME UP FOR ORDERS AGAIN ON 11/10/2023, UPON PERUSING THE PETITION AND
THIS COURT'S ORDER DATED 09/10/2023, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING.
APPENDIX IN DBP 101/2023
EXHIBIT P12: TRUE COPY OF THE ORDER VIDE ROC NO.245/09/EST-1/DPC
DATED 25.08.2023 ISSUED BY THE ASSISTANT SECRETARY, TRAVANCORE DEVASWOM
BOARD
ANIL K. NARENDRAN & SOPHY THOMAS, JJ.
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DBP Nos.40 & 101 of 2023
&
WP(C) No.26259 of 2023
--------------------------------------------------------
Dated this the 11th day of October, 2023
ORDER
Anil K. Narendran, J.
DBP No.40 of 2023:- This DBP was registered based on the
proceedings dated 05.06.2023 in the matter of credentials of
Devaswom staff posted at various temples, since various complaints are
being received from the devotees, office bearers of Employees'
Federation, etc., pointing out various issues.
1.1. In the order dated 13.07.2022 in DBP No.21 of 2022, this
Court issued certain directions regarding the transfer and posting of
Devaswom staff in the Vigilance Wing of the Travancore Devaswom
Board having offices at Thiruvananthapuram, Mavelikkara and Vaikom.
Paragraphs 21 and 22 of that order read thus;
"21. In Suo Motu v. State of Kerala and others [2022
(2) KHC 411] this Court held that, in view of the provisions
under the Travancore-Cochin Hindu Religious Institutions
Act and also the law laid down in the decisions referred to
supra, the Travancore Devaswom Board is duty bound to
ensure proper administration, supervision and control of
Sabarimala Devaswom, which is an incorporated Devaswom
mentioned in Schedule I of the said Act, under the
Chengannur Group. The Board has a statutory duty to
monitor whether its administrative officials and employees
DBP Nos.40 & 101 of 2023
and also the employees connected with religious rites are
functioning properly. The Board is duty-bound to exercise
proper supervision and control over the acts and
proceedings of all officers and servants and to manage the
properties and affairs of Sabarimala Devaswom and conduct
daily worship and ceremonies and also festivals in the
temple according to its usage. The position of the Board in
this regard is analogous to that of trustees, as held by this
Court in Ram Mohan Das v. Travancore Devaswom
Board and others [1975 KLT 55]. Any improper act of
the trustees could be questioned by a worshiper. The Board
and those entrusted with the duty of managing the
properties and affairs of Sabarimala Devaswom are duty-
bound to protect the properties of the deity from any
wrongful claims, theft or misappropriation. Any such
wrongful claims, theft or misappropriation with the passive
or active collusion of the authorities concerned, which are
acts of 'fence eating the crops' should be dealt with sternly.
Since the deity being a perpetual minor, this Court has
inherent jurisdiction to protect and safeguard the interest
and properties of the deity and the doctrine of parens
patriae will also apply in the exercise of such jurisdiction.
22. In view of the statutory provisions referred to
hereinbefore and also the law laid down in the decision
referred to supra, we deem it appropriate to direct the 3rd
respondent Travancore Devaswom Board to ensure that,
before posting any officer/staff in the Vigilance Wing of the
Board having offices at Thiruvananthapuram, Mavelikkara
and Vaikom, the credentials of the officer/staff concerned
are ascertained through the report of the 5th respondent
Superintendent of Police, Vigilance and Security Wing of the
DBP Nos.40 & 101 of 2023
Board. The said report shall be placed before the Board,
which shall consider that report before ordering the transfer
and posting of any officer/staff in the Vigilance Wing of the
Board having offices at Thiruvananthapuram, Mavelikkara
and Vaikom. While ordering transfers and postings, the
Board shall ensure that only efficient and upright
officers/staff are posted in the Vigilance Wing of the Board."
1.2. Thereafter, by the order dated 19.07.2022 in DBP No.22 of
2022, this Court issued directions regarding the posting of
Administrative Officer/Executive Officer in major temples. Paragraph 19
of that order reads thus:
"19. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we find
that no interference is warranted in the posting of Sri.H.
Krishnakumar as the Executive Officer, Sabarimala and
Sri.N. Sreedhara Sharma as the Administrative Officer,
Erumeli Devaswom, for the reasons noticed hereinbefore at
paragraph 5 of this order. In view of the provisions under
Section 15A of the Act, it is the duty of the Board to monitor
whether the administrative officials and the employees and
also the employees connected with religious rites are
functioning properly. The position of the Board in this regard
is analogous to that of Trustees, as held by this Court in
Ram Mohan Das [1975 KLT 55]. Any improper act of the
Trustees could be questioned by a worshiper. The Board is
duty-bound to protect the properties of the deity from any
wrongful claims, theft or misappropriation. In such
circumstances, we deem it appropriate to direct the 2nd
respondent Travancore Devaswom Board to take necessary
DBP Nos.40 & 101 of 2023
steps to ensure that, before posting any Administrative
Officer/Executive Officer in major temples like Ettumanoor
Sree Mahadeva Temple, Vaikom Sree Mahadeva Temple,
Chettikulangara Sree Bhagavathi Temple, P.D.
Manikanteswaram, Kottarakkara, Thiruvallam Sree
Parasurama Swami Temple, Sreekanteswaram Mahadeva
temple, Malayalappuzha Devi Temple and Valliyam Kavu
Devi Temple, the credentials of the officer concerned are
ascertained through the report of the 4th respondent
Superintendent of Police, Vigilance and Security Wing. The
said report shall be placed before the Board, which shall
consider that report before ordering transfer and posting of
Administrative Officer/Executive Officer in major temples.
While ordering transfer and postings, the Board shall ensure
that, only efficient and upright officers are posted as
Administrative Officer/Executive Officer in major temples
under its management. The Board is directed to review the
transfer and postings of Administrative Officer/Executive
Officer in major temples, after obtaining the report of the
4th respondent on the credentials of such officers. The
exercise in this regard shall be completed within a period of
three months from the date of receipt of a certified copy of
this order."
1.3. The directions in the order dated 13.07.2022 in DBP No.21
of 2022 and that contained in the order dated 19.07.2022 in DBP No.22
of 2022 were issued so as to ensure that only efficient and upright
officers/staff are posted in the Vigilance Wing of the Travancore
Devaswom Board and also in major temples under its management.
DBP Nos.40 & 101 of 2023
1.4. In the order dated 07.06.2023 in this DBP, this Court
noticed that even after the issuance of the directions in DBP Nos.21 and
22 of 2022, the devotees, office bearers of Employees' Federation, etc.,
are submitting various complaints before this Court. Five of such
complaints are marked in this DBP as Annexures A1 to A5. On
07.06.2023, two more complaints were marked as Annexures A6 and
A7. On 23.06.2023, eight more complaints were marked as Annexures
A8 to A15. On 25.09.2023, one more complaint was marked as
Annexure A16.
2. DBP No.101 of 2023:- This DBP is registered suo motu,
vide proceedings dated 09.10.2023, regarding the appointment to the
post of Devaswom Commissioner in Travancore Devaswom Board,
based on the complaint dated 01.09.2023 made by Sri.T.K. Kumaran
Potti; the complaint dated 26.09.2023 made by one Kumaran Nair K.P.;
and another complaint dated nil made by one K.R. Ranjith.
2.1. Regarding the appointment to the post of Devaswom
Commissioner in Travancore Devaswom Board, a complaint dated
01.09.2023 has been made by Sri.T.K. Kumaran Potti, who is the
General Convenor of Devaswom Board Pensioners Co-ordination
Committee, Nandancode, Thiruvananthapuram, enclosing therewith a
copy of the liability statement of Thiruvallam Sub- Group for the month
of April, 2022 issued by the Assistant Audit Officer, Finance Committee
Accounts Office, Travancore Devaswom Board, in which the liability of
DBP Nos.40 & 101 of 2023
the 10th respondent - C.N.Raman is shown as Rs.10,56,650/-. In the
complaint dated 01.09.2023, it is stated that the above shown liability
was reduced to Rs.1,11,872/- by adopting illegal methods, by-passing
the Committee constituted by the Board vide Board Order
No.ROC.25/21/OAD dated 15.02.2021. Though the 10th respondent has
a total service of 29 years in the Travancore Devaswom Board, till date
he has not discharged duties as Assistant Devaswom Commissioner or
Deputy Devaswom Commissioner or Group Assistant Devaswom
Commissioner and he was posted in various posts in the Devaswom
Head Quarters with comparatively lesser workload. In the said
complaint various allegations have also been levelled against the said
C.N.Raman including the allegation in connection with the construction
of an office complex by the Travancore Devaswom Employees
Confederation State Committee, which was the subject matter in
W.P.(C)No.31159 of 2022 filed before this Court, in which the
Travancore Devaswom Employees Confederation was the 7th
respondent. That writ petition was disposed of by the judgment dated
01.08.2023, by setting aside the order dated 10.08.2020 of the
Travancore Devaswom Board and by directing the Board to reconsider
the matter with notice to the writ petitioner, the representatives of the
Travancore Devaswom Employees Confederation and also the
complainant, who submitted a complaint dated 04.05.2023. In the said
judgment this Court found that the decision taken by the Travancore
DBP Nos.40 & 101 of 2023
Devaswom Board in the order dated 10.08.2020 to drop further
proceedings in that complaint made by the writ petitioner, despite the
recommendation to the contra by the Chief Vigilance and Security
Officer, Travancore Devaswom Board warrants interference in view of
the law laid down by this Court in Suo Motu v. State of Kerala [2022
(2) KHC 411]. In the complaint, the complainant has referred to the
said judgment of this Court. In the complaint, it is pointed out that the
term of Sri. B.S.Prakash, who is presently holding the post of
Devaswom Commissioner, will expire on 15.10.2023.
2.2. Sri. Kumaran Nair K.P. has also submitted a similar
complaint dated 26.09.2023 seeking interference of this Court. Sri.
K.R.Ranjith, General Secretary of Devaswom Employee Federation, has
submitted a complaint dated nil (File No.HCKL/3884/2023/D1-4)
against the said C.N.Raman.
2.3. The Devaswom Commissioner is the Chief Executive Officer
in the Travancore Devaswom Board, who is the disciplinary authority of
the Devaswom employees. In addition to this, the Devaswom
Commissioner is also the Member Secretary of the High Power
Committee for Implementation of Sabarimala Master Plan, headed by a
former Judge of this Court.
2.4. On 09.10.2023, when this DBP came up for consideration,
the learned Standing Counsel for Travancore Devaswom Board and also
the learned Senior Government Pleader pointed out that the term of
DBP Nos.40 & 101 of 2023
appointment of Sri. B.S.Prakash, the present incumbent holding the
post of Devaswom Commissioner will expire on 18.10.2023. They
pointed out the pendency of SLP(C)No.8254-55 of 2019 before the Apex
Court, arising out of the order of this Court dated 14.03.2019 in
R.P.No.243 of 2019 and the order dated 31.01.2019 in DBP No.11 of
2017. In the order dated 02.12.2019, the Apex Court noticed that the
issue raised with regard to the provisions, as contained in Section 13A
of the Travancore-Cochin Hindu Religious Institutions Act, 1950,
requires detailed consideration and the Apex Court made an interim
arrangement clarifying the order of status quo passed by that Court.
2.5. On 09.10.2023, the learned Senior Government Pleader,
the learned Standing Counsel for Travancore Devaswom Board and also
the learned counsel for the 10th respondent sought time to get
instructions. By the order dated 09.10.2023, Registry was directed to
list this matter today along with W.P.(C) No.26259 of 2023. A copy of
Ext.P12 order dated 25.08.2023 in W.P.(C)No.26259 of 2023, whereby
the Travancore Devaswom Board granted approval for the select list for
the post of Devaswom Commissioner including the name of the 10th
respondent Sri. C.N.Raman, was directed to be incorporated in the
Judge's papers of this DBP.
3. Toady, when DBP Nos.40 of 2023 and 101 of 2023 are taken
up for consideration along with W.P.(C)No.26259 of 2023, which is one
filed seeking various reliefs against respondents 7 to 11 therein, in
DBP Nos.40 & 101 of 2023
which a challenge against Ext.P12 order dated 25.08.2023 is also made
by way of amendment, the learned Standing Counsel for Travancore
Devaswom Board would submit that, after the issuance of Ext.P12 order
by the Board, vigilance clearance for the name of Sri. C.N.Raman from
the State Vigilance is pending. The learned Senior Government Pleader
would submit that since the term of appointment of Sri. B.S.Prakash,
the present incumbent holding the post of Devaswom Commissioner,
Travancore Devaswom Board will expire by 18.10.2023, the State
Government proposes to file an application in SLP (C) No.8254-55 of
2019 pending before the Apex Court seeking appropriate orders.
4. The learned Senior Government Pleader and the learned
Standing Counsel for Travancore Devaswom Board seek two weeks'
time to file affidavits on behalf of the 2nd respondent and the 4th
respondent. The learned counsel for the 10th respondent in DBP No.101
of 2023 would submit that the affidavit of the said respondent shall also
be placed on record within two weeks.
DBP Nos.40 & 101 of 2023 & WP(C) No.26259 of 2023
List on 16.10.2023 as requested by the learned Senior
Government Pleader and also the learned Standing Counsel for the
Travancore Devaswom Board. Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
DSV/-
11-10-2023 /True Copy/ Assistant Registrar
