Irregularity In Sabarimala Ghee Sales: Kerala High Court Orders Independent Re-Evaluation Of Records To Check If Penal Offences Are Made Out
The Kerala High Court on Tuesday (June 9) ordered an independent re-valuation of the records relating to alleged irregularities in the Aadiya Sishtam Ghee sales in Sabarimala temple, which had allegedly caused a loss of more than Rs. 17 lakhs to the Travancore Devaswom Board during a short span of a month's time.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order in the light of a report submitted by the Vigilance and Anti-Corruption Bureau (VACB) recommending departmental action against 41 accused persons and seeking permission to submit a final report before the Enquiry Commissioner and Special Judge (Vigilance) as "Further Action Dropped".
The Court noted that in the crime registered, offences under the Prevention of Corruption Act was also incorporated but as per the present report, the investigation was done on the premise that only administrative lapses occurred in the case. This, according to the Court, was not the correct approach.
"It must be borne in mind that the investigation directed in the present case was not intended merely to ascertain whether there were administrative lapses in the maintenance of records. The investigation was ordered for the specific purpose of identifying the causes and circumstances that resulted in a loss of ₹17,14,460 to the Travancore Devaswom Board on account of the misappropriation alleged to have occurred in the sale of Abhisheka Neyy Prasadam...It was in the backdrop of these serious allegations, involving public funds entrusted to the administration of one of the most important pilgrimage centres in the country, that this Court directed the constitution of a Special Investigation Team. The object of such investigation was to ascertain not merely the quantum of loss suffered by the institution, but also the manner in which the loss occurred, the systemic deficiencies that enabled it, and, most importantly, the persons responsible therefor," it remarked.
The Court further noted that the materials collected during the investigation reveals substantial monetary loss caused by persons who had a fiduciary duty. It thus, felt that this was a case for an independent re-evaluation of the records to determine whether penal offences are attracted.
It ordered:
"In our considered view, this is 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 so as 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 Court, thus, directed the Director, VACB to entrust the matter along with all records and materials collected to a senior officer of proven competence, integrity and experience. The officer thus entrusted is to independently examine the entire records, re-evaluate the findings in the report already submitted and place a new comprehensive report before the Court within 4 weeks. The new report is to indicate whether offences under the PC Act and BNS are made out against the accused.
In January, the Court had directed the Director of the Vigilance and Anti-Corruption Bureau (VACB) to constitute a team to investigate into the alleged embezzlement while considering a suo motu petition (SSCR No. 3/2026) initiated on the basis of a report by the Sabarimala Special Commissioner.
Thereafter, in March, it had noted serious irregularities in the accounting process related to sales and directed the State Audit department to carry out an audit and place a detailed report before it in a Devaswom Board Audit Report (DBAR 1/2026) petition initiated on the basis of an interim report submitted by the Joint Director of the Kerala State Audit Department, Travancore Devaswom Board Audit Wing.
Later, the VACB had submitted a detailed report before the Court two weeks back detailing loss of more than Rs. 17 lakhs. The Vigilance had stated that individual responsibility could not be fixed due to lack of records and had recommended departmental action against around 43 employees as per Kerala Civil Services (Vigilance Tribunal) Rules, 1960, together with recovery of the loss sustained by the Board.
They further sought permission to file a final report before the Enquiry Commissioner and Special Judge (Vigilance), Kollam, treating the case as "Further Action Dropped" as against 41 accused.
Case Nos: DBAR No. 1 of 2026 & SSCR No. 3 of 2026
Case Title: Joint Director v. Secretary and Suo Motu v. State of Kerala