IN THE HIGH COURT OF KERALA AT ERNAKULAM
DBP.No. 11 of 2008()
1. SUO-MOTU
... Petitioner
Vs
1. THE SECRETARY, COCHIN DEVASWOM BOARD
... Respondent
For Petitioner :.....
For Respondent :SRI.K.GOPALAKRISHNA KURUP,SC,CDB
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :15/01/2009
O R D E R
P.R. RAMAN & C.T.RAVIKUMAR JJ.
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D.B.P. No. 11 OF 2008
and
REPORT No. 5/2009
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Dated this the 15th day of January, 2009
O R D E R
RAMAN, J :
Pursuant to the order dated 08.0109, the Ombudsman has filed
report No.5/09 concurrent with the suggestions made by the Cochin
Devaswom Board in the appointment of Sri.K.B.Narayana Iyyer as
Commissioner, on provisional contract basis for a period of 2 years.
In the light of the provisions contained in Rule 74 A, a post of
Commissioner has been created and admittedly the qualification and
other service conditions of the incumbent to be appointed are yet to
be formulated in the form of statutory rules. However, it is felt that,
such posts cannot be kept unfilled for quite long period and in the
exigencies of administration it is necessary to fill up the post at least
on a provisional basis until steps are taken to fill up the posts on a
regular basis after framing Rules. Though in the earlier report of the
Ombudsman recommendations were made for appointment of non-
IAS officer, no names as such were suggested. In the
circumstances, the Board has suggested the name of Sri.Narayana
DBP No.11/08 and
Report No.5/09
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Iyyer, who has been working as a Commissioner in the CDB for a
period of 4 years from 1994 to 1998 and he has also worked as RDO
and was in charge of the District Collector. In the circumstances
after considering the further report filed as Report No.5/09 and after
considering the submissions at the Bar, the suggestion for filling up
the post of Commissioner by appointing Sri.K.B.Narayana Iyyer on a
provisional contract basis, on mutually accepted terms, for a period
of 2 years or till such time as steps are taken to fill up the post after
framing statutory rules, whichever is earlier is accepted and
permission granted as sought for.
P.R. RAMAN, JUDGE
C.T.RAVIKUMAR, JUDGE
ttb