Travancore Devaswom Board – Sabarimala Special Commissioner Report (SSCR No.40 of 2023) – Suo Motu

1 SSCR No.40 of 2023 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G.GIRISH ``` ``` FRIDAY, THE 22[ND] DAY OF DECEMBER 2023/1ST POUSHA, 1945 SSCR NO.40 OF 2023 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SABARIMALA SPECIAL COMMISSIONER REPORT – S.M.NO.40 OF 2023 – REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING THE MISAPPROPRIATION OF FUNDS COMMITTED BY SRI.SREEKANTH S.P (WATCHER OF KELESWARAM DEVASWOM OF NEYYATTINKARA GROUP OF TRAVANCORE DEVASWOM BOARD), ON SPECIAL DUTY AS THE CARETAKER OF SREE MATHA ACCOMMODATION CENTRE (DONOR HOUSE No.7) AT SABARIMALA SANNIDHANAM BY FABRICATING RECEIPTS - SUO MOTU PROCEEDINGS INITIATED - REGARDING ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** |**`1`**|**`STATE OF KERALA, REPRESENTED BY THE PRINCIPAL`**| |---|---| ||**`SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM)`**| ||**`DEPARTMENT, GOVERNMENT SECRETARIAT,`**| ||**`THIRUVANANTHAPURAM, PIN – 695 001`**| |**`2`**|**`TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS`**| ||**`SECRETARY, NANTHANCODE, KAWDIAR POST,`**| ||**`THIRUVANANTHAPURAM, PIN - 695 003`**| |**`3`**|**`THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM`**| ||**`BOARD, DEVASWOM BUILDINGS, NANTHANCODE,`**| ||**`THIRUVANANTHAPURAM, PIN - 695 005`**| |**`4`**|<br>**`THE EXECUTIVE OFFICER, SABARIMALA, PAMPA TRIVENI`**| ||**`P.O., PATHANAMTHITTA, PIN - 689 670`**| |**`*5`**|<br>**`*CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT`**| ||**`OF POLICE- VIGILANCE) TRAVANCORE DEVASWOM HEAD`**| ||**`QUARTERS, NANTHANCODE,`**| 2 SSCR No.40 of 2023 ``` KAWDIAR POST, THIRUVANANTHAPURAM – 695 003 ``` ``` *[CORRECTED] CHIEF VIGILANCE AND SECURITY OFFICER (SUPERINTENDENT OF POLICE), TRAVANCORE DEVASWOM BOARD HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695 003 ``` ``` *[THE DESCRIPTION OF THE 5[TH ]RESPONDENT IS SUO MOTU CORRECTED AS PER THE ORDER DATED 01.12.2023 IN SSCR.NO.40/2023] ``` ``` *ADDL.R6THE DEPUTY DIRECTOR STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003 ``` ``` *[ADDITIONAL 6[TH] RESPONDENT IS SUO MOTU IMPLEADED VIDE ORDER DATED 01.12.2023 IN SSCR.NO.40/2023 ``` ``` BY ADV ``` ``` SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER SRI G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD SRI N.RAGHURAJ - AMICUS CURIAE FOR SPL COMMISSIONER, SABARIMALA ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.40 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** The Special Commissioner, Sabarimala has filed this report regarding misappropriation of funds by one Sreekanth S.P., Watcher of Keleswaram Devaswom of Neyyattinkara Group of Travancore Devaswom Board by fabricating receipts, while he was on special duty as the Caretaker of Sree Matha Accommodation Centre (Donor House No.7) at Sabarimala Sannidhanam. 2. As per the report, the Vigilance Wing of Travancore Devaswom Board, headed by the 5[th] respondent Chief Vigilance and Security Officer, conducted a surprise check at Sree Matha Accommodation Centre during the night of 28.11.2023 and it was found that in Room Nos.4 and 24 altogether 46 pilgrims were accommodated, though they were issued with receipts for accommodating only 28 pilgrims. With regard to the additional 18 pilgrims accommodated in those rooms, in the carbon copy and original receipts produced by Sreekanth, the Caretaker, there was huge variation in the number of pilgrims accommodated and the amount collected. In the carbon copy of receipt No.21037, it was written that only Rs.2,172/- was collected for the additional 5 pilgrims. However, in the original of the receipt, it was written that 4 SSCR No.40 of 2023 for the additional 5 pilgrims, only Rs.638/- was collected. On a detailed inspection of both the receipts, it was revealed that the Caretaker did not write in the original receipt at the time of collection of fee for the additional pilgrims. He wrote only the carbon copy and received the entire amount and thereafter, in the original receipt he wrote the reduced amount and the number of pilgrims. Thereby, the caretaker fraudulently and dishonestly fabricated the receipt and caused a wrongful loss of Rs.1,534/- to the Devaswom. 3. As per the report, on examination of Room No.19 in Sree Matha Accommodation Centre, it was found that though 35 pilgrims were accommodated, they were issued only receipt for accommodating 19 pilgrims. For the remaining 16 additional pilgrims, as per Receipt No.21036 issued by the Caretaker, Rs.1,870/- was seen collected for 16 pilgrims. However, the original receipt, which was with the Caretaker, reflected only the reduced amount of Rs.526/- collected for 4 additional pilgrims. Therefore, the Caretaker fabricated the receipt and misappropriated Rs.1,344/- with regard to Room No.19. 4. On 01.12.2023, when this report came up for consideration, this Court noticed that as per the report of the 5 SSCR No.40 of 2023 Special Commissioner, Sabarimala, on interrogation, Sreekanth, the Caretaker, revealed that he used to misappropriate funds in the above manner in the past as well and used to entrust the embezzled funds to one Raja, who is conducting Sree Ayyappa Bhavan Hotel at Sannidhanam and the said person used to transfer the funds back to Sreekanth in his Google pay account. On verification, it was found that on 21.11.2023, 23.11.2023 and 24.11.2023, the said Raja transferred Rs.6,000/-, Rs.3,500/and Rs.1,500/respectively by ‘Google Pay’ into the account of Sreekanth. It was also revealed that during this Mandala-Makaravilakku festival season about Rs.8,590/- was received by Google Pay and Rs.1,800/- was received by ‘Paytm’ into the account of Sreekanth. He had also admitted that the said amount was transferred into his account by the persons, who had availed accommodation in Sree Matha Accommodation Centre. On a detailed interrogation of Raja, the person who is conducting Ayyappa Bhavan Hotel, it was revealed that he had paid Rs.11,200/- into the account of Sreekanth by ‘Google Pay’ and all those amounts were entrusted to him by Sreekanth on different dates. It was submitted on behalf of the learned Standing Counsel for Travancore Devaswom Board that based on the report dated 29.11.2023 of the 4[th] respondent 6 SSCR No.40 of 2023 Executive Officer, Sabarimala, the 3[rd] respondent Devaswom Commissioner issued an order dated 30.11.2023, whereby the Caretaker Sreekanth is placed under suspension, pending enquiry. 5. By the order dated 01.12.2023, this Court directed the 5[th] respondent Chief Vigilance and Security Officer to submit a detailed report regarding the incident that happened on 28.11.2023, which is a subject matter of this SSCR. The additional 6[th] respondent Deputy Director, State Audit Department, Travancore Devaswom Board Audit was directed to depute a competent officer to conduct an inspection in Sree Matha Accommodation Centre (Donor House No.7) and submit a report before this Court after verifying the records. The officers of the 6[th] respondent Deputy Director and those under the 5[th] respondent Chief Vigilance and Security Officer were directed to conduct periodical inspections in the donor houses/pilgrim centres in Sabarimala Sannidhanam, in order to ensure that similar incidents are not repeated during Mandala-Makaravilakku festival season. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to whether the Board has already made a complaint before the Station House Officer, Sannidhanam regarding the incident that happened on 28.11.2023. An affidavit on behalf of the 7 SSCR No.40 of 2023 2[nd] respondent Board explaining the facts and circumstances was directed to be placed on record within one week. 6. On 05.12.2023, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a copy of FIR No.5 of 2023 of Sannidhanam Police Station, registered against Sreekanth S.P., the Caretaker of Sree Matha Accommodation Centre (Donor house No.7) in connection with the incident that happened on 28.11.2023. The Chief Vigilance and Security Officer has also submitted a report regarding the said incident. The learned Senior Government Pleader submitted that an officer deputed by the 6[th] respondent Deputy Director has already conducted an inspection and verified the records maintained in Sree Matha Accommodation Centre (Donor House No.7). The 6[th] respondent proposes to conduct an inspection on 06.12.2023. Thereafter, an affidavit of the 6[th] respondent shall be placed on record. 7. On 19.12.2023, when this matter came up for consideration, an affidavit dated 12.12.2023 on behalf of the 2[nd] respondent Travancore Devaswom Board was placed on record producing therewith Annexure R2(a) FIR in Crime No.5 of 2023 of Sannidhanam Police Station and Annexure R2(b) report dated 8 SSCR No.40 of 2023 04.12.2023 of the Chief Vigilance and Security Officer, Travancore Devaswom Board. Along with the memo filed by the learned Senior Government Pleader, a report dated 13.12.2023 of the Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, Thiruvananthapuram was placed on record. The suggestions made in paragraph 15 of that report read thus: “i.to issue the DFF No.1 receipts only to the competent authority here, Accommodation Special Officer for collecting additional rent, if any, from the Donor House. ii.to check of the each and every DFF No.1 receipt by the aforesaid competent officer before remitting to the Devaswom Fund and then submit it to the Kerala State Audit Department for further verification. iii. to get the signature of the inmates in the original receipts where the space is provided in the DFF No.1 receipts with their full address and mobile phone number and e-mail address, if any. iv. to cross check the aforesaid signature with the Caution Deposit Register while Caution Deposit was disbursed to the inmates. v. to keep a Caution Deposit Register at the earliest, if there none, and obtain the signature of the inmates while disbursing Caution Deposit. vi. to cross check the veracity of the signature with the DFF No.1 receipt (Original leaf) and the aforesaid Caution Deposit Register. vii.to switch over to fully automation process of booking of 9 SSCR No.40 of 2023 accommodation at the earliest which is a perennial solution to curb such malpractices in future.” 8. Heard the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for Special Commissioner, Sabarimala. 9. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities 10 SSCR No.40 of 2023 in the temples for the devotees. As per Section 16 of the Act, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. As per Section 31 of the Act, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 10. In **Ram Mohan Das v. Travancore Devaswom Board [1975 KLT 55]** a learned Single Judge of this Court held that, under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper. 11 SSCR No.40 of 2023 11. In **Suo motu v. State of Kerala and others [2022** **(2) KHC 411]** this Court held that in view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act and the law laid down in the decisions referred to supra, the 3[rd] respondent Travancore Devaswom Board is duty bound to ensure proper administration, supervision and control of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the said Act, under the Chengannur Group. The Board has a statutory duty to monitor whether its administrative officials and employees and also the employees connected with religious rites are functioning properly. The Board is duty bound to exercise proper supervision and control over the acts and proceedings of all officers and servants and to manage the properties and affairs of Sabarimala Devaswom and conduct daily worships and ceremonies and also festivals in the temple according to its usage. The position of the Board in this regard is analogous to that of trustees, as held by this Court in **Ram Mohan Das [1975 KLT 55]** . Any improper act of the trustees could be questioned by a worshiper. 12. In **Suo motu [2022 (2) KHC 411]** this Court held that the Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of Sabarimala Devaswom 12 SSCR No.40 of 2023 are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. The position of the Board in this regard is analogous to that of trustees. Any such wrongful claims, theft or misappropriation with the passive or active collusion of the authorities concerned, which are acts of ‘fence eating the crops’ should be dealt with sternly. The deity being a perpetual minor, this Court is having inherent jurisdiction to protect and safeguard the interest and properties of the deity and the doctrine of _parens patriae_ will also apply in the exercise of such jurisdiction. 13. In the matter of **Audit Report of the Travancore Devaswom Board for the year 1967-68 (Sabarimala Improvement Fund)** reported in **[1990 (1) KLT 347)** , in the context of Section 32 of the Act, a Division Bench of this Court reminded the President and members of the Travancore Devaswom Board about their public accountability. In the said decision it was made clear that it is for all persons concerned to see that greater vigil is exercised by the President and members of the Board in the overall administration of the Board and in the collection and disbursement of funds. 14. In the report dated 13.12.2023, the Deputy Director, 13 SSCR No.40 of 2023 Kerala State Audit Department, Travancore Devaswom Audit has various suggestions. The learned Standing Counsel for the Travancore Devaswom Board would submit that the suggestions made by the Deputy Director would be placed before the Board immediately, after obtaining a report from the 4[th ] respondent Executive Officer, Sabarimala, and thereafter the Board will take remedial action and the decision taken by the Board will be communicated to the Special Commissioner, Sabarimala. In such circumstances, this SSCR is disposed of by directing the 2[nd] respondent Travancore Devaswom Board to take remedial action based on the suggestions made by the additional 6[th] respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Audit, within a period of two weeks, after obtaining a report from the 4[th] respondent Executive Officer, Sabarimala. The decision taken by the Board shall be communicated to the Special Commissioner, Sabarimala, who shall file a report before this Court on the above aspect, in the first week of January 2024. The Vigilance Wing of the Travancore Devaswom Board and the inspection team of the State Audit Department shall conduct surprise inspection in the pilgrim centers/accommodation centers (donor houses) at Sannidhanam, in order to ensure that 14 SSCR No.40 of 2023 there in no exploitation of pilgrims by the caretakers of the pilgrim centers/accommodation centers (donor houses) and to prevent fabrication of receipts, misappropriation of funds, etc. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **G. GIRISH, JUDGE** MIN 15 SSCR No.40 of 2023 ## **`APPENDIX OF SSCR 40 of 2023`** ``` RESPONDENT ANNEXURES ``` ``` ANNEXURE-TRUE COPY OF THE FIR IN CRIME NO. 5/2023 OF R2(A)SANNIDHANAM POLICE STATION, PATHANAMTHITTA DISTRICT DATED 1.12.2023 ANNEXURE-TRUE COPY OF THE REPORT, NO. CT.394/23/TDB/VIG R2(B)DATED 04/12/2023 SUBMITTED BY CHIEF VIGILANCE AND SECURITY OFFICER, TRAVANCORE DEVASWOM BOARD BEFORE THE STANDING COUNSEL, TRAVANCORE DEVASWOM BOARD ```