GURUVAYOOR PRATHIKARANA VEDI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS Writ Petition has been preferred by an Organization by name Guruvayoor Prathikarana Vedi challenging Ext. P11 order of stay and also the final order passed by the Government on 21. 1. 2004 entertaining a Revision petition preferred by the fifth respondent under S. 33 of the Guruvayoor devaswom Act, 1978.

(2.) THE Government by the impugned order set aside the resolutions dated 25. 2. 2002 and 11. 8. 2003 passed by the Guruvayoor Devaswom committee and the show cause notice issued by the Administrator to the fifth respondent based on the resolution. Managing Committee by those proceedings found that the order passed by the previous Managing Committee on 10. 6. 1995 setting aside all the punishments imposed on the fifth respondent by entertaining a Review Petition is illegal and without jurisdiction. THE legality of the various orders passed by the Government and of the previous managing Committee dated 10. 6. 1995 is the subject matter of these proceedings. THEse proceedings would demonstrate the callous and indifferent manner in which various committees manage the affairs of the temple and how indiscipline is being perpetuated.

(3.) GURUVAYOOR Devaswom Employees Organization however questioned the legality and the propriety of the Managing Committee in entertaining the Review Petition and setting aside the appellate orders, by which punishments imposed were upheld. The Association strongly deprecated the practice of entertaining the Review Petition and to set at naught the decision taken by the earlier Managing Committee. Employees Organization also pointed out that if the Managing Committee is taking a decision to review the punishments imposed on the fifth respondent, the Committee should also review other decisions taken by the previous Managing Committee rejecting the appeals filed against other employees also and all of them be equally treated. In the wake of the serious complaints raised by the Association, Administrator forwarded the letter dated 28. 10. 1995 along with the service book of the fifth respondent to the Government. The Administrator alerted the Government of the far-reaching consequences of such decisions and its impact on the discipline and administration of the Devaswoms. The Government returned the service book to the Administrator pointing out that the Government do not propose to interfere under S. 33 of the Act since the issue is concerning the administration of the Devaswom.