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Can State Government Appoint (TDB) Devaswom Commissioner? SC To Examine; Stays Kerala HC Order [Read Order]
Ashok Kini
8 April 2019 5:46 PM IST
The Supreme Court has stayed the Kerala High Court order which held that the power of appointment to the post of Commissioner of Travancore Devaswom Board vests with the Devaswom and not with the State Government. State of Kerala had approached the Apex court against the order passed by the Division bench of Kerala High Court. The bench comprising Justice R. Banumathi and...
The Supreme Court has stayed the Kerala High Court order which held that the power of appointment to the post of Commissioner of Travancore Devaswom Board vests with the Devaswom and not with the State Government.
State of Kerala had approached the Apex court against the order passed by the Division bench of Kerala High Court. The bench comprising Justice R. Banumathi and Justice R. Subhash Reddy, after hearing Senior Advocate Harin P. Ravel, who appeared for the state, ordered thus:
"There shall be an interim stay of the impugned order(s) until further orders. Insofar as the post of Devaswom Commissioner is concerned, status quo as on date to be continued, until further orders from this Court."
Govt. Cant Appoint Devaswom Commissioner, Kerala HC had held
As the tenure of the present Commissioner, N.Vasu was coming to and in January, the High Court had directed the Government to identify suitable and competent hands and submit a panel of three such persons to the Devaswom Board and shall submit a report in this regard for pursuing further steps.
The Government, then filed a review petition contending that it is for the Government to depute an Additional Secretary; there cannot be any direction to submit a panel of three officers to the Devaswom Board and to permit the Devaswom Board to identify a person of their choice; and hence it is for the Government to identify and appoint a person.
While dismissing the review petition, the bench comprising Justice PR Ramachandra Menon and Justice N. Anil Kumar had made these observations:
As a stop gap arrangement, the bench had ordered to give charge of the Commissioner to an officer named M. Harshan, working as Addl.Secretary of the Revenue Devaswom Department, on expiry of extended tenure of N. Vasu.
Read SC Order
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