R. G. RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari or any other appropriate writ, order or direction to call for the entire records leading to Ext.P8 proceedings dtd. 10/5/2023 and Ext.P23 order dtd. 12/12/2023 of the 3rdrespondent Board and quash the same; a writ of quo warranto or any other appropriate writ, order or direction to remove the 8threspondent from the post of Devaswom Commissioner, Travancore Devaswom Board; a writ of mandamus or any other appropriate writ, order or direction to the 3rdrespondent Board to recover the liability found against the 8th respondent in Ext.P2 draft audit note of Thiruvallam Devaswom; a writ of mandamus or any other appropriate writ, order or direction directing the State Vigilance to conduct an investigation regarding the corruption and misappropriation of Devaswom funds by the 8threspondent; and a writ of mandamus or any other appropriate writ, order or direction directing the 1strespondent State and the 3rdrespondent Board to strictly follow the Travancore Devaswom Board Officers' and Servants' Service Rules, 2022 in the appointment of the Devaswom Commissioner.

(2.) W.P.(C)No.26259 of 2023 referred to hereinbefore is one filed by another Hindu by birth and a devotee, who retired from service on 31/5/2010, while working as Deputy Devaswom Commissioner (Inspection) in Travancore Devaswom Board. He has filed that writ petition seeking a writ of certiorari or any other appropriate writ, order or direction to call for the entire records leading to Ext.P7 statement regarding refixation of liability in Thiruvallam Devaswom, in respect of respondents 7 to 11 therein [the 7threspondent in W.P.(C)No.26259 of 2023 is the 8th respondent in W.P.(C)No.43139 of 2023] and quash the same; a writ of certiorari or any other appropriate writ, order or direction to call for the entire records leading Ext.P12 proceedings dtd. 25/8/2023 of the Travancore Devaswom Board, whereby the select list prepared by the Devaswom Recruitment Board for the post of Devaswom Commissioner in the Travancore Devaswom Board, was approved. That select list contains the name of the 8th respondent in W.P.(C)No.43139 of 2023. The petitioner has also sought for other consequential reliefs in W.P.(C)No.26259 of 2023 and also a writ of mandamus or any other appropriate writ, order or direction directing the State Vigilance to conduct an investigation regarding the corruption and misappropriation of Devaswom funds by respondents 7 to 11.

(3.) DBP No.101 of 2023 is registered suo motu, vide proceedings dtd. 9/10/2023, regarding appointment to the post of Devaswom Commissioner in the Travancore Devaswom Board, based on the complaint dtd. 1/9/2023 made by T.K. Kumaran Potti, the complaint dtd. 26/9/2023 by Kumaran Nair K.P. and the complaint dated nil by K.R. Ranjith. Regarding the appointment to the post of Devaswom Commissioner, a complaint dtd. 1/9/2023 has been made by 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 the 10threspondent therein [the 8threspondent in W.P.(C)No.43139 of 2023] is shown as Rs.10,56,650.00. In the complaint dtd. 1/9/2023, it is stated that the above liability was reduced to Rs.1,11,872.00 by adopting illegal methods, bypassing the Committee constituted by the Board vide Board Order No.ROC.25/21/OAD dtd. 15/2/2021. Though the 10threspondent 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 10threspondent 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 arrayed as the 7th respondent. K.P. Kumaran Nair has also submitted a similar complaint dtd. 26/9/2023 seeking interference of this Court. K.R. Ranjith, General Secretary of Devaswom Employee Federation, has submitted a complaint dated nil (File No.HCKL/3884/2023/D1-4) against the 10th respondent - C.N. Raman. In the complaint made by T.K. Kumaran Potti, it is pointed out that the term of B.S. Prakash, who is presently holding the post of Devaswom Commissioner, will expire on 15/10/2023.