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 29TH JULY 2010 / 7TH SRAVANA 1932 DBP.No. 30 of 2010() -------------------- (IN THE MATTER OF COCHIN DEVASWOM BOARD - FOR INITIATING DISCIPLINARY PROCEEDINGS AGAINST THE DEVASWOM OFFICERS-CDB-REPORT NO.71/2010 SUBMITTED BY THE OMBUDSMAN-SUO-MOTU PROCEEDINGS INITIATED) COMPLAINANT: -------------------- SRI.K.NARAYANANKUTTY, 28/575/3, PALIYAM ROAD, THRISSUR-680 001. RESPONDENTS: --------------- 1. COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, THRISSUR. BY ADV. SRI.C.E.UNNIKRISHNAN, SC FOR CDB 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT, THRISSUR. BY G.P. SRI.R.LAKSHMI NARAYAN ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- D. B. P. No. 30 of 2010 -------------------------------------------- Dated this the 29th day of July, 2010 O R D E R Ramachandran Nair, J. The complaint in this case is against Smt. Sujatha Bai who is presently Asst. Commissioner, Tripunithura group of Devaswom. The allegation against her is dereliction of duty, inasmuch as she failed to go and supervise Hundi counting at Ernakulam Temple on 27th, 28th and 29th June, 2005. Even though Special Devaswom Commissioner reprimanded her and the Chief Commissioner confirmed it and Board has also ratified it, Ombudsman has adversely commented about the conduct of delinquent and even recommended action against her. We are in complete agreement with the opinion of Ombudsman. Supervision of counting of Hundis is an important responsibility. Even though submission of counsel appearing for the delinquent is that she was not in a position to enter temple campus, we still feel that there is dereliction of duty on her part because she could have deputed some subordinate officer to supervise the Hundi counting work. The very DBP 30/2010 2 purpose of senior officer supervising the Hundi collection is to prevent pilferage by others in the course of counting. This is a serious lapse on the part of the Asst. Commissioner, and so much so Ombudsman's recommendation is only to be accepted. However, since the lapse took place in 2005 and since she stands reprimanded, as reported by the Devaswom Board, we feel the matter can be closed by directing the Devaswom Board to keep this order in the service records of the delinquent so that for repeated lapse if any she will be proceeded with seriously. D.B.P. is closed as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk DBP 30/2010 3