Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 PETITIONERS :-
1 DILEEPKUMAR, AGED 51 YEARS S/O.PADMANABHAN, PADMATHEERTHAM, CHENGOLI P.O. KARITHIKAPPILLY, ALAPPUZHA DISTRICT (ASSISTANT COMMISSIONER, TRAVANCOE DEVASWOM BOARD, HARIPPAD). 2 K.S. GOPINATHAN PILLAI, SINDHOORAM, PUNTHALA P.O. VENMANI, CHENGANNUR (ASSISTANT COMMISSIONER, TRAVANCOE DEVASWOM BOARD, THIRUVALLA). 3 SYNURAJ, S/O. RAJAN, RAJ BHAVAN, THAZHAM P.O. MALAYALAPUZHA (SUPERINTENDENT, THIRUVABHARANAM, ARANMULA TRAVANCORE DEVASWOM BOARD). 4 ASHAKUMARI.J., MENAM VEEDU, CHENNITHALA (PO), MAVELIKKARA (JUNIOR SUPERINTENDENT, ASSISTANT DEVASWOM COMMISSIONER OFFICE, TRAVANCORE DEVASWOM BOARD, MAVELIKKARA). 5 HARIDAS.A, SIVALAKSHMI, KANDIYOOR, THATTARAMBALAM P.O. MAVELIKKARA, (SUB GROUP OFFICER, ERUVA DEVASWOM, TRAVANCORE BOARD). BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) SMT.T.V.NEEMA
RESPONDENTS :- 1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, 2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O. -: 2 :- 3 FINANCE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O. 4 ASSISTANT AUDIT OFFICER, TRAVANCORE DEVASWOM BOARD, KANDIYOOR, MAVELIKKARA, ALAPPUZHA DISTRICT - 690 101. BY ADV. SRI.G.BIJU, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 3 :-
JUDGMENT
Dated this the 31st day of March, 2021 This writ petition is filed seeking directions to the 1 st respondent to finalise the audit objection against the petitioners in the light of Exts.P6 and P8 reports within a time frame.
2. The petitioners are employees of the respondent Board working in various capacities. On the allegation that there were
irregularities in the conduct of a 'മ ത ഞ യ ഹ മ ' in the Kandiyoor Temple, an audit objection had been raised and certain amounts were also sought to be fixed as liability against the petitioners. It is submitted that the petitioners had submitted their objections to the fixation of liability and the entire matter had been considered by the Devaswom Commissioner, who had recommended by Ext.P6 that suitable remarks should be obtained from the Audit Director of
the State since the audit objections were not sustainable. The learned counsel for the petitioners submits that the Joint Director of Audit had also by Ext.P8 recommended the dropping of the proceedings. It is submitted that the issue is now pending before the Board and that appropriate steps are to be taken to finalise the issue and to drop the objections accordingly.
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3. The learned Standing Counsel appearing for the
respondents submits that Exts.P6 and P8 have been received by the Board. Thereafter, the Board had called for a further report from the Devaswom Commissioner with regard to the finalisation of the rates of vazhipadu under the Board. It is submitted that on receipt of the report from the Devaswom Commissioner, the issue will be considered and a final decision will be taken in the matter. It is submitted that the entire proceedings can be completed within two months. It is further submitted that transfer applications, if any, made by the petitioners will be considered in accordance with the transfer norms.
4. Having heard the learned counsel on either side, I am of
the opinion that since Exts.P6 and P8 have been issued and are pending before the Board, it is for the Board to take a decision in the matter with regard to the audit objection raised by the Audit Department of the Devaswom Board. There will, accordingly, be a direction to the 1 st respondent Board to finalise the audit objection against the petitioners in the light of Exts.P6 and P8 reports and after getting the report from the Devaswom Commissioner with regard to the -: 5 :- vazhipadu rates, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE Jvt/3.11.2020 -: 6 :- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO. 696 DATED 12.2.2020 ISSUED BY THE ASSISTANT COMMISSIONER MAVELIKKARA TO THE 1ST PETITIONER WITH LIABILITY STATEMENT OF THE PETITIONERS.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 13/3/2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE ASSISTANT COMMISSIONER MAVELIKARA. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.3.2020. EXHIBIT P4 TRUE COPY OF THE NOTICE SENT BY THE FINANCE COMMISSIONER DATED 4.6.2020 TO THE PETITIONERS. EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT COMMISSIONER MAVELIKARA GROUP, DATED 19.06.2020. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO. ROC 7000/2020/OAD DATED 19.6.2020 OF THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO. ROC 660/20/OAD DATED 1.10.2020 SENT BY THE 1ST RESPONDENT TO THE JOINT DIRECTOR KERALA STATE AUDIT DEPARTMENT. EXHIBIT P8 TRUE COPY OF THE REPORT OF THE AUDIT DEPARTMENT DATED 3.3.301 ORDER NO. KSTDB/E-2/241/2020. EXHIBIT P9 TRUE COPY OF THE REPORT OF THE FINANCE AND ACCOUNTS OFFICER TRAVANCORE DEVASWOM BOARD DATED 27.4.2017. //TRUE COPY// P.A. TO JUDGE