T P NARAYANAN NAMBOODIRI Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) Melsanthi of Keezhkavu temple and the Sub temples of Chottanikkara Bhagawati Temple, under the Cochin Devaswom is the petitioner. He challenges Ext.P4 order by which he is transferred and posted to Kadavallur temple, on allegations of misappropriation. Petitioner's contention is that the order of transfer casts stigma on his service career and it is punitive and therefore liable to be set aside.

(2.) Melsanthis to Melkavu as well as to the Keezhkavu and sub temples of Chottanikkara Bhagawati Temple are selected and appointed after undertaking a separate process of selection after calling for applications from among those with 15 years' service for Melkavu temple and 5 years' service for Keezhkavu temple. Applications of those who have faced disciplinary action within a period of ten years or who are facing disciplinary proceedings would not be considered. The applicants are subjected to a screening test and selection is made from among those coming out successful, taking lot. A reserve Melsanthi would also be selected in the lot in order to utilise his services in the absence of the regular hand. Petitioner was appointed pursuant to Ext.P1 notification, after being successful in the screening test and on being selected in the lot. The appointment was for the period from 1 st Chingam 1192 ME to 31st Karkidakam 1192 ME.

(3.) The petitioner claims that he has got an unblemished service career and his appointment itself is sufficient proof for the same. On 03.04.2017, he received a show cause notice Ext.P2 dated 01.04.2017 from the Assistant Devaswom Commissioner, seeking his explanation against the allegation that he used to collect money from the devotees, by distributing 'Charadu' and 'thottil'. The petitioner submitted that Ext.P3 reply was submitted on 03.04.2017 itself. While so, on 13.05.2017, when he was on leave the petitioner came to know that he was transferred as per Ext.P4 order to Kadavallur temple. Simultaneously the 3 rd respondent from Kadavallur temple was transferred and posted to his place. In Ext.P4 order issued on 11.05.2017 it was stated that the petitioner was being transferred based on the misappropriation committed under his leadership in the Chottanikkara Keezhkavu Bhagawati temple. In order to displace him the 3 rd respondent Sri Prasannakumar, who was included in the reserve list and was selected after taking lot from Kadavallur temple, was being transferred and posted. The order of transfer refers to the report dated 4.5.2017 of the Assistant Commissioner, Chottanikkara and the resolution No.6 in the meeting of the Board dated 10.05.2017. Even before the order of transfer was served on the petitioner, he approached this Court challenging the transfer alleging that it casts a stigma on the character and reputation of the petitioner and it is punitive in nature.