Kerala High Court
Ramadas G vs The Travancore Devaswom Board ... on 27 May, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.36702/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Monday, the 27th day of May 2024 / 6th Jyaishta, 1946
WP(C) NO. 36702 OF 2023(K)
PETITIONER:
RAMADAS G., AGED 58 YEARS, S/O. K. M. GOPALA PILLAI (LATE),
SARASWATHY BHAVANAM, PALLARIMANGALAM P. O., MAVELIKARA, ALAPUZHA,
PIN - 690107
BY ADVS. M/S. N.SATHEESH, PRIYA CAROL, ARYA M.A., ANJU DILEEP
RESPONDENTS:
1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P O,
THIRUVANANTHAPURAM, PIN - 695003
2. THE SECRETARY, TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS,
NANTHANCODE, KOWDIAR P. O, THIRUVANANTHAPURAM, PIN - 695003
3. THE PRESIDENT, TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS,
NANTHANCODE, KOWDIAR P. O, THIRUVANANTHAPURAM, PIN - 695003
4. THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD
QUARTERS, NANTHANCODE, KOWDIAR P O, THIRUVANANTHAPURAM, PIN - 695003
5. THE SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY OFFICE,
TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR P O, THIRUVANANTHAPURAM, PIN - 695003
6. THE SUB INSPECTOR OF POLICE, VIGILANCE AND SECURITY OFFICE,
TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR P O, THIRUVANANTHAPURAM, PIN - 695003
7. S. VIJAYAMOHAN, EXECUTIVE ENGINEER (I/C) (ASSISTANT EXECUTIVE
ENGINEER, PROVISIONAL) OFFICE OF THE EXECUTIVE ENGINEER, TRAVANCORE
DEVASWOM BOARD, MAVELIKARA, PIN - 690101
8. M. S. RADHAKRISHNAN NAIR (AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER), MOHANAVILASOM, ELAKOLLOOR P.O., KONNI, PATHANAMTHITTA,
PIN - 689691
9. THE DIRECTOR, VIGILANCE AND ANTI-CORRUPTION BUREAU, DIRECTORATE,
PMG, VIKAS BHAVAN P. O., OPPOSITE KSRTC DEPOT, THIRUVANANTHAPURAM,
PIN - 695033
10. ADDL.R10. THE SENIOR DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT,
TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM,
PIN - 695003 (ADDL.R10 SUO MOTU IMPLEADED AS PER ORDER DATED
07-11-2023 IN WPC 36702/2023)
BY STANDING COUNSEL for respondents 1, 2, 4, 5 and 6
M/S. SUJIN S, NITA.N.S., Advocates for 7th respondent
M/S. V.SETHUNATH, V.R.MANORANJAN (MUVATTUPUZHA), SREEGANESH U., THOMAS
ABRAHAM, LAKSHMINARAYAN.R, Advocates for the 8th respondent
SENIOR GOVERNMENT PLEADER for R9 and ADDL. R10
WP(C) No.36702/2023 2/5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS ON 27.05.2024,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
p.t.o
WP(C) No.36702/2023 3/5
ANIL K. NARENDRAN & HARISANKAR V. MENON, JJ.
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W.P.(C)No.36702 of 2023
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Dated this the 27th day of May, 2024
ORDER
Anil K. Narendran, J.
In the order dated 16.01.2024, the learned counsel for the
petitioner has brought to the notice of this Court the judgment
dated 05.01.2024 in W.P.(C)No.305 of 2024, which was one filed
by the 7th respondent herein during the pendency of this writ
petition. In the order dated 31.01.2024, this Court noticed the
submission made at the Bar that in R.P.No.73 of 2024, the learned
Single Judge has granted an order of stay of the operation of the
judgment in W.P.(C)No.305 of 2024.
2. Today, during the course of arguments, the learned
counsel for the petitioner would point out the observations in
Ext.P5(b) report dated 29.04.2023 and Ext.P10 report dated
18.01.2023 of the Chief Vigilance and Security Officer
(Superintendent of Police), Travancore Devaswom Board.
3. The learned Standing Counsel for Travancore
Devaswom Board would point out the stand taken in paragraphs
4 and 5 of the counter affidavit dated 19.02.2024 filed on behalf
of the 1st respondent Board, wherein it is stated that the Board
has considered Ext.P5(a) report of the Chief Vigilance and Security
Officer and decided to initiate disciplinary action against the 7 th
respondent. After the filing of this writ petition, the Board has also
decided that on getting report from the Enquiry Officer, if found
necessary, the matter will be referred to State Vigilance for further
investigation.
4. The affidavit filed on behalf of the Board is silent on
Ext.P10 report dated 29.11.2022 of the Chief Vigilance and
Security Officer.
5. Having considered the submissions made at the Bar, we
deem it appropriate to direct the learned Standing Counsel to
make available for the perusal of this Court the files relating to the
aforesaid decisions taken by the Travancore Devaswom Board. A
copy of those decisions shall be placed on record along with an
affidavit sworn to by the 1st respondent.
List on 12.06.2024. Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
MIN
27-05-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 36702/2023
Exhibit P5(a) TRUE COPY OF LETTER NO. CT.129/23/TDB/VIG DATED
03/05/2023 BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT
Exhibit P5(b) TRUE COPY OF REPORT CT. NO. 129/23/TDB/VIG DATED
29/04/2023 SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH
RESPONDENT
Exhibit P10 TRUE COPY OF THE LETTER NO. DP.73/22/TDB/VIG DATED
18/01/2023 BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT
27-05-2024 /True Copy/ Assistant Registrar
