IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 25TH APRIL 2011 / 5TH VAISAKHA 1933 DBAR.No. 3 of 2006() --------------------------------- (INTERIM REPORT ON THE AUDIT OF ACCOUNTS OF ULSAVOM AND MEDAVISHU FESTIVALS AT SABARIMALA, PAMPA AND ERUMELI DEVASWOMS IN 1181 M.E.) TDB REPORT NO.18/2010 BY OMBUDSMAN. ........ PETITIONER(S) : -------------------------- THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, THIRUVANANTHAPURAM, BY GOVERNMENT PLEADER SRI. R.LAKSHMI NARAYANAN RESPONDENT(S): --------------------------- THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY ADV. SRI. V.V.NANDAGOPAL NAMBIAR, SC, TDB ADV. SRI. KRISHNAKUMAR MANGOT - AMICUS CURIAE FOR OMBUDSMAN ADV. SRI. D. ANILKUMAR, AMICUS CURIAE THIS DEVASWOM BOARD AUDIT REPORT HAVING COME UP FOR ADMISSION ON 25/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D.B.A.R. No. 3 of 2006 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of April, 2011 O R D E R ~ ~ ~ ~ ~ ~ Thottathil B. Radhakrishnan, J. Read order dated 21.01.2010. The matter relates to audit of accounts of Ulsavom and Medavishu festivals at Sabarimala, Pamba and Erumeli Devaswoms in 1181 M.E. We are now past the Medavishu celebrations and festivals of 1186 M.E. Unfortunately, certain alleged manipulations for the year 1181 is yet to gain appropriate attention in spite of the interim report of the Local Fund Audit. 2. The report of the Local Fund Audit was considered by the learned Ombudsman and it was found that the register containing the receipt of 'Appam' prepared was not brought for perusal and the DBAR 3/2006 : 2 : matter was adjourned to various dates and finally a duplicate of the 'Appam' preparation register alone was produced before the learned Ombudsman. The Superintendent of Police (Vigilance) had reported that no manuscript of audit notes and scrutiny of the Local Fund Audit were seen in the file at the time of verification of documents. Learned Ombudsman reports that, later, they were received from an anonymous source by post. 3. It was in the aforesaid circumstances, on 21.01.2010, this Court had directed the Chief Commissioner to order a formal enquiry to be conducted in accordance with the service rules against the officers and proceed in accordance with law and the action taken report was to be submitted. The matter was listed after a month. DBAR 3/2006 : 3 : 4. More than 14 months thereafter, the matter is now before us. Yet all that we are told is that the disciplinary proceedings are yet to commence though the Board had directed the Commissioner to conduct the enquiry on 05.03.2010. 5. We are of the view that the issuance of show cause notice for disciplinary proceedings and any further action for recovery of money including by invoking relevant provisions of the statute laws including Public Accountant Act could be applied in accordance with law. The Board shall take a final action in this regard in terms of the statutory provisions. As of now, the Board will file a report within a period of six months from now and further report shall also be filed before the learned Ombudsman regarding the progress of the proceedings including conclusion which shall be DBAR 3/2006 : 4 : obtained as expeditiously as possible. 6. We also direct that if there is no enquiry officer on a regular basis in the Board, arrangement shall be forthwith made to provide enquiry officer on regular basis as against the post available, so that enquiry proceedings do not get tied down for too long. 7. With the aforesaid directions, we further order that a copy of this order will be made available to the law officer of the TDB by the Secretary of the Board for appropriate further guidance in the matter. DBAR ordered accordingly. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (S.S.SATHEESACHANDRAN, JUDGE) aks/25.04 // True Copy // P.A. To Judge