IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 DBAR.No. 2 of 2004() (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD AUDIT REPORT FOR THE YEAR 2002-2003) PETITIONER: THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. R. LAKSHMINARAYAN. RESPONDENT: THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM.\ ADV. SRI.NAGARAJ NARAYANAN, SC, TDB THIS DEVASWOM BOARD AUDIT REPORT HAVING COME UP FOR ORDERS ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = D.B.A.R. NO. 2 OF 2004 = = = = = = = = = = = = = = = DATED THIS, THE 9TH DAY OF JULY, 2009. O R D E R Raman, J. Final Report No. 78 of 2009 in D.B.A.R. 2/2004 has been filed. Ombudsman, after elaborate consideration, submitted that except Paragraphs 95(14) and 96(5) all other objections have been agreed to be closed. The same is recorded. Regarding Para 95(14), it relates to the advertisement charges paid to Venpakal Associates (P) Ltd. The objection seems to be that 15% discount is not claimed for various advertisements under the Maramath. Reference is made to G.O.P. No. 130/2001/PR dated 23.11.2001 of the Government regarding the same. 2. In the circumstances, as suggested by the Ombudsman, whenever advertisement has to be issued, there should be a clause in the agreement for 15% discount as contemplated in the Government Order. 3. Paragraph 96(5) relates to collection of fine as per agreement for various maramath work. The Board has stated that the delay is not fully attributable to the Contractor; but it was due to other reasons also and that DBAR NO.2/2004 :2: is why a lower rate was imposed. In view of the explanation offered and since the Ombudsman suggested that the explanation is reasonable, we accept the same and close the matter. DBAR is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-