Suo Motu vs The Travancore Devaswom Board on 20 January, 2022

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Kerala High Court

Suo Motu vs The Travancore Devaswom Board on 20 January, 2022

This report of the Special Commissioner, Sabarimala relates to extension of period of deputation of the Chief Vigilance Officer, Travancore Devaswom Board. In the report, it is stated that the Vigilance wing of the Travancore Devaswom Board is headed by the Chief Vigilance Officer, who is an officer of the rank of Superintendent of Police, posted on deputation basis to the Travancore Devaswom Board. The deputation period of Sri.P.Bijoy, Chief Vigilance Officer, Travancore Devaswom Board, would expire on 24.11.2021. The Chief Vigilance officer has to effectively monitor and control all the officers of the Vigilance wing of the Travancore Devaswom Board, who are posted at Sabarimala and to guide them by giving effective directions. Since Mandala- Makaravilaku Festival for the year 2021-22, will commence from 16.11.2021, the Special Commissioner filed this report on 02.11.2021, seeking appropriate directions to the State Government and also the Travancore Devaswom Board to extend the period of deputation of Sri.P.Bijoy as Chief Vigilance Officer, Vigilance Wing, Travancore Devaswom Board -3- SSCR NO.8 OF 2021 till 31.03.2022 or to such period as this Court may deem fit.

2. On 08.11.2021, when this report came up for consideration, the learned Senior Government Pleader sought time to get instructions. On 11.11.2021, when this report was taken up for consideration, it was submitted by the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board that the State Government and the Board has no objections in extending the period of deputation of Sri.P.Bijoy as the Chief Vigilance Officer in the Vigilance wing of the Travancore Devaswom Board, till 31.03.2022.

3. In such circumstances, by the order dated 17.11.2021, permission was accorded for extension of the period of deputation of Sri.P.Bijoy as the Chief Vigilance Officer in the Vigilance wing of the Travancore Devaswom Board, till 31.03.2022.

4. On 21.12.2021, State of Kerala, represented by Secretary to Government, Devaswom Department, has filed R.P.No.6 of 2022 seeking review of the order of this Court dated 17.11.2021 in SSCR No.8 of 2021, whereby permission was accorded for extension of period of deputation of -4- SSCR NO.8 OF 2021 Sri.P.Bijoy in the rank of Superintendent of Police (Non IPS) as the Chief Vigilance Security Officer, Travancore Devaswom Board till 31.03.2022.

5. During the pendency of R.P.No.6 of 2022, one Rengith B.G got himself impleaded as additional 2nd respondent, by the order dated 10.01.2022 in I.A.No.1 of 2022 in R.P.No.6 of 2022 in S.S.C.R.No.8 of 2021.

6. By the order dated 12.01.2022, this Court allowed R.P.No.6 of 2022 by recalling the order dated 17.11.2021 in SSCR No.8 of 2021, since it was found that, while registering SSCR No.8 of 2021, there was an omission on the part of Registry in not arraying the State of Kerala as the respondent. Though the learned Senior Government Pleader was heard, the Travancore Devaswom Board represented by Secretary alone was arrayed as the respondent in SSCR No.8 of 2021. By the said order, State of Kerala, represented by Secretary to Government, Revenue (Devaswom) Department, Government Secretariate, Thiruvananthapuram-695001 and Rengith B.G (additional 2nd respondent in R.P.No.6 of 2022) were suo motu impleaded as additional respondents 2 and 3 in SSCR No.8 of 2021. Registry was directed to list SSCR No.8 of 2021 before -5- SSCR NO.8 OF 2021 the Bench on 14.01.2022.

7. By the order dated 12.01.2022 in R.P.No.6 of 2022, Registry was directed to ensure that when suo motu proceedings are registered, the parties to that proceedings, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for the Special Commissioner, Sabarimala, are provided with the copy of the report of the Special Commissioner, along with cause title, which contains proper description of the parties to that proceedings and also the number of SSCR.

8. By the order 12.01.2022 in R.P.No.6 of 2022, the Special Commissioner, Sabarimala was directed to file an additional report in SSCR No.8 of 2021, before the next posting date. Pursuant to that order, the additional report dated 13.01.2022 of the Special Commissioner, Sabarimala, is placed on record.

9. Heard the learned Standing Counsel for Travancore Devaswom Board representing the 1st respondent, the learned Senior Government Pleader appearing for the additional 2nd respondent, the learned counsel for the additional 3 rd -6- SSCR NO.8 OF 2021 respondent and also the learned Amicus Curiae for the Special Commissioner.

10. The Chief Vigilance officer has to effectively monitor and control all the officers of the Vigilance wing of the Travancore Devaswom Board, who are posted at Sabarimala, and to guide them by giving effective directions to prevent pilferage from Appam and Aravana making and its sale, Bhandaram, Annadanam, etc. In the additional report dated 13.01.2022 filed by the Special Commissioner, Sabarimala, it is stated that Sri.P.Bijoy, the Chief Vigilance Officer has effectively headed the Vigilance wing of the Travancore Devaswom Board during his tenure. The Vigilance wing headed by him has unearth the forgery of documents and misappropriation of huge amounts allegedly committed by the Administrative Officer, Nilakkal, during the period 2018-2019, in the matter relating to purchase of materials for the Devaswom mess at Nilakkal. Pursuant to the report of the Vigilance wing, the Travancore Devaswom Board forwarded the matter to State vigilance, which has resulted in registration of a crime as FIR No.EC02/2021, PTA by the Vigilance and Anti Corruption Bureau, under Sections 420, 468 and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1) -7- SSCR NO.8 OF 2021

(a) of Prevention of Corruption Act. The investigation of the said case is in progress by the State Vigilance. Several other instances of malpractices were also detected by the Vigilance wing headed by Sri.P.Bijoy.

11. During Mandala-Makaravilakku festival, spanning about 65 days, the Vigilance wing will be engaged in keeping surveillance of the activities like Annadanam, making of Appam and Aravana and its sale, counting of kanikka, store purchase, mess, accommodation and other activities of the Travancore Devaswom Board, which involves expenditure and collection of cash. Only after the completion of Mandala-Makaravilakku festival by 20.01.2022, the Vigilance wing would get ample time to reconcile the inspection reports and prepare exhaustive reports. Only on the basis of such reports and feedback from the Vigilance wing, the Chief Vigilance Officer will be able to take up follow up action and make necessary recommendations for taking follow up actions and give suggestions to the Travancore Devaswom Board, for which time is required after 20.01.2022.

12. During the course of arguments the learned Senior Government Pleader, on written instructions, would submit that the Government has no objection in extending the period -8- SSCR NO.8 OF 2021 of deputation of Sri.P. Bijoy as the Chief Vigilance Officer in the Vigilance Wing of Travancore Devaswom Board till 31.03.2022.

Having considered the additional report of the Special Commissioner, Sabarimala and also the submissions made by the learned counsel on both sides, this SSCR is disposed of granting permission to extend the period of deputation of Sri.P. Bijoy as the Chief Vigilance Officer in the Vigilance Wing of Travancore Devaswom Board till 31.03.2022.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE AV/20/1

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