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No Criminal Liability Established In Sabarimala Ghee Loss, But Administrative Lapses Need Fixing: Kerala High Court
Anamika MJ
24 Sept 2026 3:53 PM IST
The Kerala High Court on Wednesday (23 September) accepted the Vigilance report concluding that the alleged loss in the sale of Adiyashishtam Ghee packets at Sabarimala during the 2025-26 Mandala-Makaravilakku season could not, on the material presently available, be attributed to individual criminal liability.A Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V....
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The Kerala High Court on Wednesday (23 September) accepted the Vigilance report concluding that the alleged loss in the sale of Adiyashishtam Ghee packets at Sabarimala during the 2025-26 Mandala-Makaravilakku season could not, on the material presently available, be attributed to individual criminal liability.
A Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, was considering the suo motu petition initiated on the basis of a report by the Sabarimala Special Commissioner alleging the misappropriation of money at the ghee sales counter.
A separate Devaswom Board Audit Report was also filed following verification of Adiyashishtam Neyy Prasadam during the 1201 M.E. Mandalam and Makaravilakku festivals.
The Court noted that even though an earlier investigation had found a loss of ₹17.14 lakh to the Travancore Devaswom Board, the investigating officer had recommended dropping further proceedings against most of the accused. The Vigilance had then recommended the initiation of stringent disciplinary proceedings against the accused under the Kerala Civil Services (Vigilance Tribunal) Rules, 1960.
The High Court had subsequently directed a reassessment by a senior officer with proven integrity and requisite experience.
According to the fresh investigation report, the alleged loss in the sale proceeds between November 16 and December 27, 2025 was not solely the result of intentional misappropriation by employees deployed at the counters. Instead, the report attributed the loss to serious carelessness in processes relating to the production, storage, transit, distribution and sale of the Adhiyashishtam ghee.
The report further stated that there was presently no material to establish individual criminal liability against the employees or counter sales staff, or to establish a conspiracy involving the packing contractor, counter staff, Temple Special Officers and the Executive Officer. At the same time, it found that public money had been lost and that some officials could be responsible for the lapses, though their individual criminal responsibility could not be ascertained from the available material.
The Bench noted that the investigation had revealed several administrative deficiencies. Out of the 39 counter sales staff deployed during the relevant period, 10 had entered service only in November 2025 and were assigned counter duties in the same month, despite having little experience. One of the three Temple Special Officers had only five months of service.
“We have no doubt that, unless the supervisory positions are manned by officers possessing the necessary managerial capacity, experience and vision, incidents of this nature are likely to recur.” Court noted.
It also criticised the manner in which accounts, registers and other records were maintained at Sannidhanam and stressed the need for a clearly defined system of responsibility, supervision, verification and accountability.
The Court in an order dated 29 May 2026 had directed the Devaswom Board to implement a series of measures concerning the handling and sale of Adiyashishtam Ghee.
Among other things, the Board has been directed to clearly define the duties and accountability of personnel, document individual duty periods and counter assignments, and discontinue the routine deployment of newly recruited and inexperienced employees for sensitive duties.
The Court has also ordered a robust accounting mechanism, separate registers for receipt and supply of ghee packets, regular physical stock verification and proper accounting of losses, wastage and damage. Counter-wise registers are also to be maintained during shift changes, with outgoing and incoming employees certifying the stock handed over and received.
The Bench directed the Board to prioritise computerisation of activities connected with the preparation, storage, accounting and sale of offerings, including Adiyashishtam Ghee.
When the matter was taken, it was informed to the Court that a report was submitted which was prepared by the Executive Officer, Sabarimala, detailing the procedure which is prepared to streamline the operations at Sannidhanam.
The Court took the report on record and directed the Travancore Devaswom Board to formulate a comprehensive Standard Operating Procedure (SOP) incorporating the Court's directions and suggestions made by the Sabarimala Executive Officer.
The SOP must clearly define the responsibilities of officers and staff at every stage and include mechanisms for supervision, stock verification, accounting, digital tracking and accountability. It has to be placed before the High Court within three weeks.
“The SOP shall clearly define the duties and responsibilities of the officers and staff at each stage of the process and shall incorporate appropriate mechanisms for supervision, stock verification, accounting, digital tracking and accountability.” Court noted.
On the criminal case, the Court accepted the Vigilance report dated September 22, 2026, noting that although the conduct of the Devaswom officials was serious, the material was insufficient to warrant criminal prosecution and individual responsibility for the loss could not be fixed.
The Court nevertheless said the TDB could consider disciplinary proceedings against the employees arrayed as accused and measures to recover the loss suffered by the Board.
The Bench also called for a broader review of the administrative structure of the Travancore Devaswom Board, observing that Sabarimala's scale of operations requires specialised managerial and technical expertise.
“From the materials placed before us, it appears that several persons presently occupying managerial and supervisory positions have reached such positions primarily by virtue of their long years of service and progression through the service hierarchy, rather than on the basis of demonstrable managerial or supervisory expertise. While experience in service is undoubtedly valuable, the scale and complexity of the administration at Sannidhanam require persons with specialised skills and proven managerial capability.” Court noted.
The Court noted that more than one lakh devotees congregate at Sannidhanam every day during the pilgrimage season and that the Devaswom Board handles a wide range of functions, including crowd management, accommodation, food distribution, offerings, procurement, storage, transportation, sanitation, health and safety, financial administration and infrastructure.
It suggested that the Board seriously consider engaging competent professionals, at least on a contractual basis, in areas requiring specialised managerial or technical expertise.
The Court also said the Board may consider obtaining assistance from the Centre for Management Studies or the Indian Institute of Management for training senior officers in managerial supervision, financial accountability, process management and institutional administration.
The matter has been posted for October 23, 2026, for the Travancore Devaswom Board to respond.
Case Title: The Joint Director v The Secretary and Connected case
Case No: DBAR 1/ 2026 and SSCR 3/ 2026
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Anamika MJ
Anamika MJ is a Correspondent with LiveLaw, covering Kerala High Court


