IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 DBAR.No. 1 of 2003() -------------------- PETITIONER: -------------------- THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, TRIVANDRUM. BY G.P. SRI.LAKSHMY NARAYAN RESPONDENT: --------------- THE SECRETARY, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. ADV. SRI.NAGARAJ NARAYANAN, SC, TDB ADV.SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD AUDIT REPORT HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... TDB Final Report No.75 of 2010 in D.B.A.R. No.1 of 2003 .................................................................... Dated this the 12th day of August, 2010. ORDER Ramachandran Nair, J. We have heard Government Pleader for the Local Fund Audit, Standing Counsel for Devaswom Board and Amicus Curiae for Ombudsman. The report for approval is for the financial year 2001- 2002. Paragraphs 3 and 4 refers to the irregularities committed by two persons, out of whom one Mr.Rajan is retired. Standing Counsel submitted that liability fixed on him which is pointed out in the audit, was recovered from him and he has retired from service. Therefore, we do not think any action is called for as against him. However, even though Standing Counsel submitted that Mr.Reghunathan Nair who is presently Head Accountant in Harippad Devaswom, is a reformed person and is presently carrying on work properly, he is involved in very many lapses leading to recoveries from him. We feel the Devaswom Commissioner should look into his lapses and losses caused by him and take appropriate action, if required. However, if he is a 2 reformed man and is now discharging his duties honestly and properly, the Commissioner will consider the same while considering action, if any against him. We feel every case of misappropriation should be reported to the Police and departmental action should also be taken against the delinquent officials. In other words, Devaswom Board should not allow delinquent persons to continue in service merely because they are compensating for the loss caused by them which in many cases is nothing but misappropriation. In every case of misappropriation Police enquiry shall be ordered. In any case we feel a proper departmental enquiry is required in all cases of lapses and irregularities which should end up in disciplinary action, if required. Standing Counsel will communicate this order to the Board for them to keep in mind while considering fresh cases of misappropriation or other irregularities on the side of the Devaswom officials. With the above observation D.B.A.R. is closed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms