1994 (1) TMI 312 - HC - Indian Laws

Summary

Issues Involved:
1. Public Interest Litigation.
2. Allegations of mismanagement, maladministration, and corruption in Sree Krishna Temple, Guruvayur.
3. Jurisdiction and maintainability of the petition.
4. Role and performance of the Guruvayur Devaswom Managing Committee.
5. Role and performance of the Devaswom Commissioner.
6. Recommendations for administrative reforms.
7. Specific allegations against individuals and departments.
8. Implementation of recommendations.

Detailed Analysis:

1. Public Interest Litigation:
The case was initiated as a public interest litigation based on a communication received by the High Court highlighting gross irregularities, corrupt practices, and maladministration in the Sree Krishna Temple, Guruvayur. The Court treated the communication as an original petition under Article 226 of the Constitution of India.

2. Allegations of Mismanagement, Maladministration, and Corruption:
The communication highlighted 23 aspects of mismanagement, including financial irregularities, poor maintenance of temple properties, and corruption in the administration. The allegations were found to be serious, necessitating a thorough examination.

3. Jurisdiction and Maintainability of the Petition:
The Supreme Court of India, in its orders dated 26-3-1993 and 10-5-1993, declined to interfere with the High Court's order and suggested guidelines for consideration. The Court held that the initiation of the public interest litigation was justified and that the availability of an alternative remedy is not a bar in such cases.

4. Role and Performance of the Guruvayur Devaswom Managing Committee:
The Managing Committee was found to be involved in various acts of mismanagement and maladministration. Specific instances included:
- Poor maintenance of the Gokulam and neglect of animals.
- Irregularities in the purchase and distribution of paddy and rice.
- Lack of proper stock registers and inventory management.
- Unauthorized and imprudent financial decisions, including premature withdrawal of deposits and misapplication of funds.
- Political influence and favoritism in appointments and decision-making.

5. Role and Performance of the Devaswom Commissioner:
The Devaswom Commissioner was found to be ineffective in carrying out statutory functions, with a lack of proper supervision and control over the administration. The Commissioner was criticized for not addressing audit objections and for being a mere "on-looker."

6. Recommendations for Administrative Reforms:
The Court accepted several recommendations made by the Commissioner for improving the administration, including:
- Strengthening the security arrangements and appointing trained personnel.
- Implementing a system for quality checking of goods obtained by the temple.
- Ensuring proper maintenance of stock registers and inventory.
- Establishing a central warehouse for material management.
- Conducting a thorough audit of purchases made from the Guruvayur Devaswom Employees Co-operative Society.
- Creating a legal cell and appointing a Law Officer-cum-Disciplinary Authority to handle legal affairs and disciplinary actions.
- Banning trade union activities among Devaswom employees and allowing only one association for staff.

7. Specific Allegations Against Individuals and Departments:
- The Court found that the licensee of the Panchajanyam Restaurant was preferred without reasonable cause, causing loss to the Devaswom.
- The construction of the Sree Padmam building was altered without proper justification, resulting in an unremunerative project.
- The premature withdrawal of deposits from Dhanalakshmi Bank resulted in a loss of Rs. 2,12,621.60.
- The appointment of unqualified personnel in various departments and favoritism in appointments were highlighted.
- The Commissioner recommended a vigilance enquiry against individuals holding assets disproportionate to their income.

8. Implementation of Recommendations:
The Court directed the Managing Committee to take steps to implement the recommendations within specified timeframes. The Government was also directed to bifurcate the offices of the Commissioner and the Secretary (Devaswoms) and submit a panel of five senior IAS officers for the selection of a new Commissioner.

Conclusion:
The judgment highlighted the need for a thorough overhaul of the administration of the Sree Krishna Temple, Guruvayur, to address the issues of mismanagement, maladministration, and corruption. The Court emphasized the importance of implementing the recommendations to ensure better governance and accountability in the administration of the temple.