Kochi: The Kerala High Court directed that the entire matter be re-examined by a senior officer of "impeccable integrity, proven competence, and adequate experience" after finding shortcomings in the vigilance investigation.

A bench comprising Justices Raja Vijayaraghavan V and K V Jayakumar said the materials collected during the probe should be independently reviewed to determine whether offences under the Prevention of Corruption Act, 1988, and relevant provisions of the Bharatiya Nyaya Sanhita were made out.

"We are, therefore, of the opinion that the materials collected during the investigation ought to be independently re-evaluated by such an officer to ascertain whether the facts disclosed make out offences punishable under the Prevention of Corruption Act, 1988, and the relevant provisions of the Bharatiya Nyaya Sanhita," the bench observed.

Court unhappy with vigilance report

The court expressed concern that the Vigilance and Anti-Corruption Bureau's conclusions appeared to downplay the seriousness of the alleged financial loss suffered by the Travancore Devaswom Board (TDB).

According to the bench, the report gave the impression that the issue was merely an administrative lapse caused by poor record keeping.

"The tenor of the report appears to minimise the significance of the findings relating to entrustment, accountability, and the consequential loss caused to the Travancore Devaswom Board," the court said.

"We are unable, at this stage, to readily subscribe to such an approach," it added.

Four-week deadline for new report

The High Court directed the VACB to immediately hand over all records, evidence and materials gathered during the investigation to a senior officer.

The officer has been asked to independently examine the records, reassess the vigilance findings and submit a comprehensive report within four weeks.

The report must specifically address whether criminal offences under anti-corruption laws and the Bharatiya Nyaya Sanhita can be established against any of the accused persons.

Loss of over Rs 17 lakh under scrutiny

The case concerns alleged irregularities in the sale of 'Adiya Sishtam Ghee', a sacred offering sold to devotees at the Lord Ayyappa temple in Sabarimala.

The High Court had earlier ordered a probe into the circumstances that allegedly resulted in a loss of more than Rs 17 lakh to the Travancore Devaswom Board between November 17, 2025 and December 27, 2025.

The court noted that available records suggested the irregularities may not have been limited to that specific period and could have occurred before and after those dates as well.

Court questions recommendation to close case

The vigilance investigation had concluded that there was entrustment of ghee packets to counter staff and that employees had a duty to account for them.

It also found dereliction of duty but recommended closure of the matter because the exact quantity entrusted to each employee could not be established due to poor record maintenance.

The High Court questioned this reasoning.

"Having arrived at such findings, the recommendation to close the matter on the ground that the exact quantity entrusted to each employee could not be determined appears, prima facie, to be incongruous with the nature of the findings recorded," the bench observed.

43 employees named in investigation

The VACB report stated that the absence of proper records made it difficult to fix individual responsibility.

However, it held that all 43 employees named in the case, including Temple Special Officers and counter staff who served during the relevant period, were collectively responsible for the loss.

The vigilance agency had recommended strict departmental action against them to prevent similar incidents in the future.

The High Court, however, said the matter warranted deeper scrutiny given the monetary loss, accountability issues and the fiduciary responsibilities of those involved.

Court says issue goes beyond administrative negligence

The bench stressed that public servants entrusted with temple funds and offerings are expected to maintain the highest standards of accountability.

"In such circumstances, the matter cannot be viewed solely through the lens of administrative negligence or defective record maintenance," the court said.

It added that where there is substantial financial loss, unexplained accounting deficiencies and failure to account for entrusted property, a more thorough examination becomes necessary.

Background of the case

The proceedings were initiated suo motu by the Kerala High Court after receiving a report from the Chief Vigilance and Security Officer of the Travancore Devaswom Board.

The report alleged that proceeds from the sale of 16,628 packets of 'Adiya Sishtam Ghee' at Sabarimala had not been remitted to the Devaswom account.

The case centres on determining how the alleged loss occurred, identifying those responsible and examining whether criminal liability arises in addition to departmental action.
(With PTI inputs)