Kerala HC orders independent re-evaluation of Sabarimala ghee sale

KOCHI: The Kerala High Court has ordered an independent re-evaluation of the alleged misappropriation of funds by TDB employees in relation to the sale of 'Adiya Sishtam Ghee' -- a sacred offering sold to devotees at the Lord Ayyappa shrine at Sabarimala -- to find out if a corruption case is made out.

Expressing dissatisfaction with the Vigilance and Anti-Corruption Bureau (VACB) report in the matter, a bench of justices Raja Vijayaraghavan V and K V Jayakumar observed that the findings of the agency regarding the issue "appear to minimise the significance" of the loss caused to the Travancore Devaswom Board (TDB) and sought to close the matter.

The bench said that in its view, it was a fit case where the entire matter requires reconsideration by a senior officer of "impeccable integrity, proven competence, and adequate experience".

"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," it said.

It directed the VACB to forthwith entrust the entire matter, together with all records and materials collected during the investigation, to a senior officer of proven competence, integrity, and experience.

"The said officer shall independently examine the entire records, re-evaluate the findings contained in the present report, and place a comprehensive report before this court within a further period of four weeks, indicating whether offences punishable under the Prevention of Corruption Act, 1988, and the relevant provisions of the Bharatiya Nyaya Sanhita are made out against any of the accused persons," the bench said.

It said that a reading of the VACB report, the statements recorded, and the conclusions ultimately drawn gives the distinct impression that the investigation has proceeded on the premise that the matters disclosed constitute merely administrative lapses arising out of defective record maintenance.

"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.

The court said that the aim of the investigation was to ascertain the quantum of loss suffered by the TDB as well as the manner in which the loss occurred, the systemic deficiencies that enabled it, and the persons responsible for it.

The bench said that the VACB had itself concluded that there was entrustment of ghee packets to the counter staff, that they were under a corresponding duty to account for the same, and that there was dereliction of such duty.

"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," it said.

The VACB had also taken the view that due to the absence of proper maintenance of records, it was not possible to fix individual responsibility upon the employees of the Board who functioned as Temple Special Officers and counter staff during the relevant period.

It said that all the 43 employees, who were accused in the case, were collectively responsible for the loss to the Board, and recommended that stringent departmental action be initiated against them to prevent recurrence of similar incidents in future.

Disagreeing with the vigilance recommendations, the court said that where the investigation itself reveals substantial monetary loss, unexplained deficiencies in accounting, entrustment of property, and failure to account for the same, a deeper examination becomes imperative.

"The investigation further reveals that the persons involved are public servants entrusted with fiduciary responsibilities in the administration of temple funds and offerings.

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

The court had ordered the probe for identifying the causes and circumstances that resulted in a loss of over Rs 17 lakh to the TDB on account of the alleged misappropriation in connection with the sale of ghee at Sannidhanam during the period from November 17, 2025 to December 27, 2025.

The bench said that the materials placed before it also indicate that the irregularities in question were not confined to the aforesaid period alone, but are alleged to have existed even prior thereto and continued thereafter as well.

The court had initiated the petition on its own following a report by the TDB's Chief Vigilance and Security Officer pointing out that the sale proceeds of 16,628 packets of ghee sold at the shrine have not been remitted to the Devaswom account.