IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 DBP.No. 73 of 2011() ---------------------------- IN THE MATTER OF TRAVANCORE DEVASWOM BOARD- RE-CONSTRUCTION OF SREEKOVIL OF SREE DWARAKA SREEKRISHNA SWAMY TEMPLE- TDB-REPORT NO.62/2011 SUBMITTED BY THE OMBUDSMAN- SUO-MOTU PROCEEDINGS INITIATED REG:- ........... COMPLAINANT (S): --------------------------- THE AD HOC COMMITTEE MEMBERS OF SREE DWARAKA SREEKRISHNA SWAMY TEMPLE KARUNATTUKAVU DEVASWOM, THIRUVALLA GROUP, REPRESENTED BY SMT.CHANDRIKA N.PILLAI, KAMALALAYAM, PODIYADI P.O, THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.R.GIREESH VARMA RESPONDENT(S): ------------------------- 1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANATHENCODE, THIRUVANANTHAPURAM 695 003. 2. THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM 695 003. ADV. SRIK.N.VENUGOPALAPANICKER (SC FOR TDB) SRI.KRISHNAKUMAR MANGOT(AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. * * * * * * * * * * * * * * * * * * * * * * * * D.B.P.No.73 of 2011 --------------------------- Dated this the 6th day of July 2011 O R D E R Thottathil B.Radhakrishnan, J. Read order dated 22/06/2011. 2. Repeatedly, matters are coming up to this Court with report from the learned Ombudsman that many of the Officers of the Travancore Devaswom Board do not respond to communications and queries by the office of the learned Ombudsman. This is a very bad trend. This cannot be permitted to linger any further. 3. The Devaswom Board employees are public servants. They have statutory duties, as also other administrative executive official duties. Their action or inaction will lead to situations which would affect the affairs of the temples, temple wealth and matters relating to religious practices, as also the D.B.P.No.73/2011 2 interest of the devotees. Such situation will cause injury to temple wealth and devotees as a group and would augment the legal liability of the Devaswom Board which is a trustee in relation to management of temple affairs and temple properties. In such a situation, the injuries so caused are likely to fall within the vice sought to be prevented by the enactment of Section 166 of Indian Penal Code which provides for punishment of a public servant disobeying law with intend to cause injury to any person as also criminal breach of trust. 4. Intention need not be explicit. It can be implied from conduct. When an officer, who is a repository of power entrusted with duties of a trustee, acts in disobedience of such legal responsibilities, that can only be intentional when it is shown that due care and caution expected of a trustee is not exercised. It would be worthwhile for the Devaswom Board officials to remind themselves of such penal provision enjoining penalty of imprisonment, which may extend to one year, with or without fine. In our considered view, time has come when the competent authorities consider it that the conduct of the erring officers need to be considered and, if necessary, they be booked D.B.P.No.73/2011 3 and compelled to face prosecution when they fail to discharge their official duties leading to mismanagement of establishment which are handled by them on principles of trusteeship. 5. For the aforesaid reasons, the Commissioner, T.D.B is directed to forthwith issue a circular directing that all officers shall immediately respond to any communication and also follow any advice that may be issued during course of proceedings before the learned Ombudsman, to ensure that such proceedings are completed in time bound manner and the learned Ombudsman is able to discharge duties attended to that office as is conceived in terms of the nature of the appointment of that office. Any failure in this regard would be considered for decision as to whether there is any dereliction of duty by any officer of T.D.B. 6. In the matter in hand, the Sreekovil of Sree Dwaraka Sreekrishna Swamy Temple needs reconstruction. The Temple Advisory Committee is prepared to generate income by local collection. That committee is an ad-hoc committee. Yet, the collection cannot be accounted in an ad-hoc manner. The D.B.P.No.73/2011 4 accounting has to be only through the prescribed proper mode. This means that the competent Devaswom authority will have to issue sealed receipts on the basis of which the ad-hoc committee may collect funds and account for it following due procedure with the Board authorities. If such action is taken, the work shall be commenced and completed at the earliest. Collection, accounting and regularisation of the funds shall be in terms of the T.D.B norms. (sd/-) (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (sd/-) (K.SURENDRA MOHAN, JUDGE) jsr // True Copy// PA to Judge