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2025 DIGILAW 1566 (KAR)

Vineeth S. S/o Late K. R. Satish v. State of Karnataka

2025-12-02

SURAJ GOVINDARAJ

body2025
ORDER : 1. The petitioner is before this Court seeking for the following reliefs: (a) Issue a writ in the nature of certiorari quashing the order bearing No.Kaa.Ni.A./CR-11/2024-25 dated 17.10.2025 issued by the 3rd Respondent at Annexure-V; (b) Grant cost/s. (c) Grant such other relief/s as deemed fit by this Hon'ble Court in the facts and circumstances of the case. 2. Vide order dated 17.10.2025, the Managing Committee of the Lakshminarasimha Swamy Temple, Balepet, suspended the petitioner from the post of Assistant Archak, on the ground that there are allegations regarding theft of certain silver items in the temple. 3. The submission of Sri. A. Abhinav Ramanand, learned counsel for the petitioner, is that those silver items were never entrusted to the petitioner. The initial notice had been issued to the Pradana Archaka, Archaka and the petitioner, as the Assistant Archaka, but the suspension order, has been passed only as regards the petitioner and not the other two. Therefore, there is a pick and chose policy adopted by the respondent No.4/Managing Committee. 4. Lastly, he submits that there being a dispute as regards the hereditary right of worship is subject to W.A.No.1610/2024. The suspension of the petitioner has been made on mala fide grounds to enable the rival claimant of the petitioner to be appointed as the Assistant Archaka. On that ground, he submits that this Court ought to exercise its extraordinary powers under Articles 226 and 227 of the Constitution of India and issue a certiorari quashing the order of suspension. 5. Learned AGA would submit that the final orders are yet to be passed, and even if final orders were to be passed, the same is appealable under Subsection (2) of Section 16 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (for short "the 1997 Act") and a writ petition is not maintainable. 6. On enquiry as to whether there is an inventory of all the gold, silver and valuable items of the temples, including the present temple and other temples in the State, which has been made, he submits that an inventory has been made, and further enquiry as to whether the same has been uploaded onto the website with details as regards to whom the entrustment has been made. He submits that a detailed report would be filed in that regard. 7. He submits that a detailed report would be filed in that regard. 7. In the present matter, what this Court is concerned about is the suspension of the petitioner on account of alleged missing silver articles belonging to the temple, which were allegedly entrusted to the petitioner. 8. This Court, in the present matter, is not concerned with the claim and the counterclaim as regards the hereditary right of worship, which is still pending before the Special Deputy Court. The Managing Committee, by exercising powers under Section (1) of Section 16 of the 1997 Act on account of the alleged misconduct on the part of the petitioner, initiated enquiry proceedings. Pending such enquiry proceedings, the petitioner has been suspended from the post of Assistant Archaka. The enquiry is yet to be completed. Any defense that the petitioner may have can be placed before the said inquiry officer, including any contention that the petitioner may have as regards to pick and choose policy said to have been adopted by the Managing Committee. This Court cannot substitute itself for the enquiry officer under Section (1) of Section 16 of the 1997 Act. Those aspects would have to be determined by the enquiry officer in the manner as available under Section (1) of Section 16 of the 1997 Act and the rules relating thereto. 9. In the event of the petitioner having any grievance as regards the enquiry report and the action taken on the said enquiry report, an appeal is available to the petitioner under subsection (2) of Section 16 of the 1997 Act, and a writ petition would not be maintainable in that regard since it is still at the stage of fact finding and this Court cannot enter into the realm of fact finding. In that view of the matter, reserving liberty to the petitioner to place all the defenses before the enquiry officer if and so appointed. 10. In view of the above, I pass the following: ORDER i) The writ petition is dismissed. ii) Liberty is reserved to the petitioner to place on record before the enquiry officer all the defences which the petitioner wishes to avail of. iii) Needless to say, the proceedings before the Special Deputy Commissioner should go on and be decided by the Special Deputy Commissioner independently without being influenced by the present proceedings. ii) Liberty is reserved to the petitioner to place on record before the enquiry officer all the defences which the petitioner wishes to avail of. iii) Needless to say, the proceedings before the Special Deputy Commissioner should go on and be decided by the Special Deputy Commissioner independently without being influenced by the present proceedings. iv) Though the above petition stands dismissed, the matter is directed to be re-listed on 16.01.2026 for the limited and specific purpose of enabling the learned Additional Government Advocate to place on record the following. v) A detailed, consolidated, and updated status report regarding the uploading of complete information relating to the valuables and assets of temples across the State of Karnataka on the official website of the Endowment Commissioner. The said status report shall specifically disclose: a. The stage-wise progress of digitisation and uploading of temple valuables and properties; b. The district-wise, temple-wise, and category-wise break-up of such uploaded data; c. The Taluka -wise, temple-wise, and category-wise break-up of such uploaded data; d. The date of commencement and the present status of the uploading process; e. The technical platform, software application, or portal being utilised for hosting such information; f. The frequency and mechanism of periodic updating of the data so uploaded; g. The identity of the authority responsible for data entry, verification, and authentication; h. The system of access control, cyber security safeguards, and data protection measures adopted; i. The entrustment of custody, if any, of temple valuables to third parties, banks, lockers, treasuries, strong rooms, museums, or other agencies, along with the terms and conditions governing such entrustment; j. All other incidental, consequential, and allied aspects having a direct bearing on transparency, accountability, and protection of temple assets. vi) The details so placed on record shall, at a minimum, comprehensively include the following particulars in respect of each temple and each category of valuable/s: a. A complete and item-wise inventory of all movable and immovable valuables, including ornaments, vessels, idols, artefacts, jewels, coins, antiques, other sacred or historical objects, etc.,; b. The methodology adopted for valuation, the name and designation of the competent valuer/s, and the latest assessed market value, along with the date of such valuation; c. High-resolution photographs and videographic documentation, wherever feasible, of each item forming part of the inventory; d. Source-wise classification indicating whether each item has been received by way of: 1. Donation, 2. Donation, 2. Bequest or endowment, 3. Purchase from temple funds, 4. Government grant, or 5. Any other recognised mode; e. In cases of donations, the date of donation, particulars of the donor (where permissible), and nature of the donation; f. In cases of purchases, the date of purchase, cost incurred, mode of payment, vendor details, and certified copies of invoices, vouchers, and supporting financial records; g. Details of insurance coverage, including policy number, insurer, coverage value, and period of validity; h. Details regarding the place of storage, custody arrangements, security mechanisms, access control systems, audit trails, and inspection protocols; i. The audit status, including the date of last physical verification, discrepancies noticed (if any), and steps taken for rectification; j. Details of alienation, loss, damage, replacement, repair, or restoration, if any, with supporting orders and documentation; k. Such other particulars, safeguards, disclosures, and compliance-related factors as may be deemed necessary, relevant, and appropriate by the Endowment Commissioner in the interest of public accountability, religious sanctity, and protection of public trust property. vii) Comprehensive details of loss, theft, misappropriation, disappearance, damage, or destruction, if any, of any valuables, articles, ornaments, assets, or properties forming part of the aforesaid inventory, including: a. The exact date, time, and place of occurrence or detection of such loss or theft. b. A complete description and unique identification particulars of the item(s) affected, including inventory number, weight, material composition, distinguishing marks, and assessed value; c. The circumstances and manner in which the loss, theft, or misappropriation was detected, including inspection reports or audit observations; d. The names and designations of the officials, trustees, employees, or other persons responsible for custody at the relevant point of time; e. The prima facie responsibility fixed, if any, and the basis for such fixation of responsibility; f. The administrative, disciplinary, and penal action initiated, including suspension, charge- sheet, departmental inquiry, or other statutory proceedings; g. The registration of criminal cases, if any, with full particulars of FIR number, police station, sections of law invoked, investigating agency, and subsequent progress of investigation; h. The stage of prosecution or trial, including filing of charge sheet, framing of charges, examination of witnesses, and final outcome, if concluded; i. The final result of such proceedings, including conviction, acquittal, discharge, compounding, settlement, or closure report; j. The preventive and corrective measures implemented thereafter to obviate the recurrence of similar incidents in future. viii) Complete particulars of all pending proceedings, whether civil, criminal, revenue, departmental, audit, surcharge, quasi-judicial, or writ proceedings, directly or indirectly connected with temple valuables, temple funds, alienation, misappropriation, loss, theft, encroachments, maladministration, or breach of trust, including: a. The case number, year, and forum or authority before which each proceeding is pending; b. The names of the parties to each proceeding, along with their legal status and relationship to the temple or Endowment institution; c. The nature of allegations, disputes, or reliefs sought in each case; d. Details of interim, ad-interim, or final orders passed, including orders of attachment, injunction, seizure, stay, recovery, or restitution; e. The present procedural stage of each proceeding, including pleadings, evidence, arguments, or orders reserved; f. The financial implications and potential liability or recovery involved in each proceeding; g. Whether any limitation issues, delays, or procedural lapses have occurred and responsibility therefor; and h. The expected timeline for disposal, together with steps taken for effective monitoring and expeditious conclusion of such proceedings. ix) Exhaustive details of recovery, if any, effected in respect of stolen, lost, misappropriated, diverted, fraudulently alienated, or unlawfully disposed of temple properties and valuables, including: a. The description and identity of each item or property recovered, with corresponding inventory reference; b. The mode and manner of recovery, whether through police action, court orders, departmental proceedings, settlement, confiscation, or voluntary surrender; c. The authority or agency responsible for effecting such recovery, along with the date and place of recovery; d. The condition, authenticity, and reassessed valuation of the recovered items; e. The status of re-entry into official inventory records and digital databases; f. The details of any monetary recovery, including sale proceeds, compensation, restitution, surcharge, damages, or penalties imposed and realised; g. The utilisation or proposed utilisation of recovered monetary amounts, in accordance with statutory requirements; h. The cases where recovery is partly effected or remains pending, along with reasons for non-recovery or partial recovery; i. The steps initiated for further tracing, identification, confiscation, and recovery of remaining properties, including international coordination, if any.