IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 DBAR.No. 3 of 2004() ------------------------------- IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-SPECIAL REPORT ON THE AUDIT OF ACCOUNTS OF “SATHAKODI ARCHANA” CONDUCTED BY TRAVANCORE DEVASWOM BOARD- MALAYALAPPUZHA DEVASWOM DURING THE PERIOD FROM 31/03/2002 TO 28/05/2002. ....................... PETITIONER: -------------------- THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. RESPONDENT(S): --------------------------- 1. THE SECRETARY, TRVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. *ADDL. R2 IMPLEADED ADDL. R2: V.S. SURESH KUMAR, S/O.N.V. SAGAR, ADMINISTRATIVE OFFICER, TRAVANCORE DEVASWOM BOARD, CHERTHALA DEVASWOM, AMBALAPPUZHA GROUP, TRAVANCORE DEVASWOM BOARD, RESIDING AT AMRUTHA SAGARAM, SREEVARAHAM, THIRUVANANTHAPURAM-9. * IMPLEADED AS ADDITIONAL 2ND RESPONDENT AS PER ORDER DATED 14/07/2006 IN I.A.1257/2006. R1 BY ADV. SRI.NAGARAJ NARAYANAN, SC, TDB R2 BY ADV. SRI.THALIYAL R.GOPAKUMAR. ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD AUDIT REPORT HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ DBAR No.3 of 2004 ------------------------------------------------------------------------ Dated 24th November 2010 Order Thottathil.B.Radhakrishnan, J. Read TDB final report No.127/10 of the learned Ombudsman filed in this case after hearing the necessary parties. 2. The learned Ombudsman concluded that an amount of Rs.1,24,700/- will be the liability of Sri.Sureshkumar since no proper vouchers or receipts were produced for advancing such amounts to the Thanthri and others. However, the learned Ombudsman states that in fact, Sri.Sureshkumar had spent Rs.2 lakhs from his pocket for the expenses noted in the accounts book and he is entitled to get credit of the said amount. This view is taken because such expenses are necessary expenses and other sources of income are not pointed out for incurring such expense. 3. We are of the view that an amount of Rs.2 lakhs could be given credit to as having spent by Sri.Sureshkumar, on reconciliation, in the absence of specific vouchers being DBAR 3/04 2 maintained. We direct that Sri.Sureshkumar will be treated as not liable for the amount due to the Board, however, that no amount need be released to him towards any expenditure in that regard. Following this order, any proceedings against Sri.Sureshkumar will stand dropped. Pursuant to this, the Board will take immediate action for quantification of the retiral benefits due to him subject, of course to other sustainable liabilities, if any. Let this be done on a time bound manner and arrears released to him within a period of four months from now without fail. The DBAR is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta DBAR 3/04 3 DBAR 3/04 4