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2024 DIGILAW 991 (KER)

Suo Motu v. State of Kerala, Represented by the Principal Secretary to Government, Revenue (Devaswom) Department

2024-08-06

ANIL K.NARENDRAN, HARISANKAR V.MENON

body2024
ORDER : Anil K. Narendran, J. This DBP is registered suo motu, in terms of the directions contained in the judgment of this Court dated 25.03.2024 in O.P.No.3821 of 1990, in the matter of Travancore Devaswom Board and Cochin Devaswom Board - regarding the constitution of High Power Committee for Implementation of Sabarimala Master Plan, appointment of Special Commissioner, Sabarimala, appointment of Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board and also matters in relation to the appointment of Chief Commissioner, in the absence of an elected Board in the Travancore Devaswom Board and Cochin Devaswom Board and also appointment of Devaswom Commissioners. 2. O.P.No.3821 of 1990 was registered suo motu, vide order dated 11.04.1990 in the matter of Travancore Devaswom Board and Cochin Devaswom Board, on the illegalities, embezzlements and irregularities in the administration noticed during consideration of audit reports. In that original petition, various orders were passed by this Court in respect of temples under the management of the Travancore Devaswom Board and Cochin Devaswom Board. Orders have been passed regarding the constitution of High Power Committee for implementation of Sabarimala Master Plan, appointment of a District Judge as Special Commissioner, Sabarimala, appointment of an Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board. Orders have also been passed in the matter of appointment of the Chief Commissioner, in the absence of an elected Board in Travancore Devaswom Board and Cochin Devaswom Board. 3. In the matter of appointment of Devaswom Commissioner, Travancore Devaswom Board, this Court passed a detailed order dated 26.06.2024 in this DBP – Suo Motu v. State of Kerala [ 2024 (4) KHC 574 ]. By that order, having considered the submissions made at the Bar on the service particulars and other aspects of two Additional Secretaries to Government included in the panel and also the submission made by the learned Standing Counsel for Travancore Devaswom Board regarding the preference of the Board among the persons included in the panel, this Court found that Sri. By that order, having considered the submissions made at the Bar on the service particulars and other aspects of two Additional Secretaries to Government included in the panel and also the submission made by the learned Standing Counsel for Travancore Devaswom Board regarding the preference of the Board among the persons included in the panel, this Court found that Sri. C.V. Prakash, Additional Secretary to Government, Home Department, who had experience in the Vigilance Department for about 4 years as Under Secretary and Deputy Secretary and experience in the Home Department for about 3 years as Joint Secretary and Additional Secretary, can be appointed as Devaswom Commissioner, Travancore Devaswom Board, on deputation basis, till 18.05.2025, who shall also act as the Member Secretary of the High Power Committee for implementation of Sabarimala Master Plan. The Travancore Devaswom Board was directed to issue formal orders in that regard as expeditiously as possible, at any rate within a period of two weeks. A copy of that order was directed to be placed on record in this DBP, along with a memo filed by the learned Standing Counsel for Travancore Devaswom Board. Nearly one month after the said order dated 26.06.2024, the Government issued an order for deployment of Sri. C.V. Prakash as Devaswom Commissioner, Travancore Devaswom Board, on deputation basis, subject to a formal order being issued by the Travancore Devaswom Board. The Board has issued a formal order to that effect on 27.07.2024, and Sri. C.V. Prakash has already taken charge as Devaswom Commissioner, Travancore Devaswom Board. 4. In the order dated 26.06.2024 in this DBP, this Court noticed that the term of deputation of an officer not below the rank of Joint Secretary to Government as the Devaswom Commissioner, Cochin Devaswom Board, under 74A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 is over and a requisition has been made before the State Government. 5. On 15.07.2024, when this DBP came up for consideration, the learned Senior Government Pleader sought time to get instructions with specific reference to the provisions contained in Section 74A of the Act. Paragraphs 3 to 6 of the order dated 15.07.2024 read thus; “3. Today, when this matter is taken up for consideration, the learned Senior Government Pleader, on instructions, would submit that a Government Order regarding the appointment of Devaswom Commissioner in the 3rd respondent Cochin Devaswom Board is being issued. 4. Paragraphs 3 to 6 of the order dated 15.07.2024 read thus; “3. Today, when this matter is taken up for consideration, the learned Senior Government Pleader, on instructions, would submit that a Government Order regarding the appointment of Devaswom Commissioner in the 3rd respondent Cochin Devaswom Board is being issued. 4. Section 74A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, deals with appointment of Devaswom Commissioner. As per Section 74A, the Board shall appoint an officer not below the rank of a Deputy Commissioner who is eligible to be promoted as Devaswom Commissioner and in the absence of such officer, an officer not below the rank of a Joint Secretary to Government, on deputation, as Devaswom Commissioner. 5. The aforesaid provision is pari materia with Section 13B of the Act, which deals with appointment of Devaswom Commissioner in Travancore Devaswom Board. As per Section 13B, the Board shall appoint an officer not below the rank of a Deputy Commissioner who is eligible to be promoted as Devaswom Commissioner, and in the absence of such officer an officer not below the rank of an Additional Secretary to Government on deputation as Devaswom Commissioner. 6. The learned Senior Government Pleader seeks time to get instructions, with specific reference to the provisions contained in Section 74A of the Act.” 6. On 30.07.2024, when this DBP came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that the Board has already received an intimation from the Government regarding the person identified to be appointed as Devaswom Commissioner, on deputation. The decision of the Board on that issue shall be intimated to this Court by 02.08.2024. 7. Today, when this matter is taken up for consideration, the learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court a copy of order No.M.865/2017 dated 05.08.2024, wherein it is stated that the Board has no objection in Sri. S.R. Udayakumar, Joint Secretary to Government, General Administration Department, being appointed as Devaswom Commissioner on deputation basis. 8. The learned Standing Counsel would submit that the decision taken by the Board shall be communicated to the Government, today itself. The learned Senior Government Pleader would submit that, on receipt of that order, a formal Government order for deployment of Sri. S.R. Udayakumar, Joint Secretary to Government, General Administration Department, being appointed as Devaswom Commissioner on deputation basis. 8. The learned Standing Counsel would submit that the decision taken by the Board shall be communicated to the Government, today itself. The learned Senior Government Pleader would submit that, on receipt of that order, a formal Government order for deployment of Sri. S.R. Udayakumar as Devaswom Commissioner shall be issued by the State, based on which, the Board can issue order of appointment. 9. The aforesaid submissions made by the learned Senior Government Pleader and also the learned Standing Counsel for Cochin Devaswom Board are recorded. 10. As already noticed hereinbefore, the provisions contained in Section 74A of the Act, which deals with the appointment of Devaswom Commissioner, Cochin Devaswom Board, is pari materia with Section 13B of the Act, which deals with the appointment of Devaswom Commissioner, Travancore Devaswom Board. In view of the provisions contained in Section 74A of the Act, the order of appointment of a Devaswom Commissioner, Cochin Devaswom Board, by an officer not below the rank of a Deputy Commissioner, who is eligible to be promoted as such or in the absence of such an officer, by deputation of an officer not below the rank of Joint Secretary to Government, has to be issued by the Cochin Devaswom Board. In the case of appointment on deputation, the 1st respondent State has to forward a panel of officers not below the rank of Joint Secretary to Government to the Board, and based on the decision taken by the Board, the Government has to issue a formal order for deployment of that person as Devaswom Commissioner in Cochin Devaswom Board. 11. The post of Devaswom Commissioner, Cochin Devaswom Board is of pivotal importance, considering the powers, duties and responsibilities attached thereto, as in the case of Devaswom Commissioner, Travancore Devaswom Board. In continuation of the directions contained in the order dated 26.06.2024 in the case of Devaswom Commissioner, Travancore Devaswom Board – Suo Motu v. State of Kerala [ 2024 (4) KHC 574 ], we make it clear that all orders by the Cochin Devaswom Board regarding the appointment of the Devaswom Commissioner, either by promotion or deputation, including the extension of the term of appointment on deputation, shall be made only with the concurrence of this Court, by filing interlocutory applications in this DBP. The Board shall also report to this Court, without any delay, any vacancy in the post of the Devaswom Commissioner. Post on 23.08.2024.