SIVASANKARAN K. Vs. MALABAR DEVASWOM BOARD AND ORS.

JUDGEMENT

(1.) Heard Sri.Mohanakannan, learned counsel appearing for the petitioner and Sri.Lakshmi Narayanan, the learned Standing Counsel appearing for respondents 1 and 2 as well as Sri.Mahesh V. Ramakrishnan learned counsel appearing for the 3rd respondent and Sri.T.C.Suresh Menon appearing for the 4th respondent.

(2.) The petitioner who claims to be working as Day Watchman in the Mulayankavu Bhagavathi Temple, Palakkad District, is before this Court challenging Exts.P2 order issued by the Executive Officer of the Temple requiring the petitioner not to work in the temple. It is submitted that the petitioner had been initially appointed as Clerk in the temple by the Hereditary Trustee who was managing the affairs of the temple. It is stated that the temple was subsequently taken over by the erstwhile HR & CE Department of the Government of Kerala. It is stated that while so, disciplinary proceedings had been initiated against the petitioner by the Executive Officer. He was placed under suspension on 7.7.2012. The disciplinary proceedings were conducted and on the basis of the report filed by the Enquiry Officer, the then Executive Officer had passed Ext.P1 order. By Ext.P1, the finding of guilt entered by the Enquiry Officer was confirmed. However, as a measure of compassion, an order was passed reverting the petitioner from the post of Vazhipad Clerk to the post of Day Watchman in the scale of pay 4400-110-5930. The said order was subject to ratification by the Board.

(3.) It is stated that at the relevant time in the year 2012, there was no Trustee Board in place and the Executive Officer had passed the order assuming the role of appointing authority and disciplinary authority as well. The petitioner, thereafter had continued as Day Watchman. It is stated that the present incumbent in the post of Executive Officer had assumed charge on 09.04.2019. On 20.05.2019, Ext.P2 proceedings were issued stating that there was a letter of the Commissioner, Malabar Devaswom Board dated 4.11.2015 and that as such, the petitioner could not be permitted to carry out the duties as an employee of the Devaswom. It is stated that on 22.05.2019 steps were taken by the Executive Officer to assign the duty carried out by the petitioner to a temporary Store Watchman engaged in the temple.