Mahesh Dayal v. Hockey India & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11917/2024, CM APPL. 49552/2024, CM APPL. 49553/2024 MAHESH DAYAL .....Petitioner Through:
Mr. Neeraj Malhotra, Senior Advocate with Mr. Abhishek Baid and Mr. Nimish Gupta, Advocates.
versus HOCKEY INDIA & ORS.
.....Respondents Through:
Ms. Shyel Trehan, Mr. Rohan Poddar, Mr. Abdhesh Choudhary and Ms. Vidhi Jain, Advocates for R-1 to 3.
Mr. Anil Soni, CGSC with Mr. Devvrat Yadav, GP for UOI.
Mr. Mohit Kumar B., Advocate for R5.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 30.08.2024 1.
The Petitioner asserts that he is a former captain and coach of the Delhi State Hockey Team, and also that he is a former elected General Secretary and the current Associate Vice President of Delhi Hockey. He submits that he has made numerous complaints to Respondent No. 1Hockey India. In particular, he highlights the complaints from 10th February, 2024 to 3rd May, 20241 and complaints dated 11th June, 2024 to 23rd July, 1 Annexure P-12 (Colly.) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
20242, which are stated to be about 34 in number, whereby he is seeking an independent investigation to be carried out into the functioning of Respondents No. 2 and 3 - being the President and General Secretary of Respondent No. 1, respectively - which is alleged to be against the rules, regulations and bylaws of Respondent No. 1.
2.
Ms. Shyel Trehan, counsel for Respondents No. 1 to 3, states that Respondent No. 1 has received nearly 38 complaints from the Petitioner, levelling allegations against officer bearers and functionaries of Respondent No. 1. In some of the complaints, he has also made allegations against the grievance committee. Considering this fact, Respondent No. 1 has constituted a Single Member Fact Finding Committee (FFC) comprising of Hon'ble Mr. Justice (Retd.) Raghvendra Kumar, Former Judge of the High Court of Judicature at Allahabad. A copy of the constitution of FFC dated 14th June, 2024 and the terms of reference have been handed over across to the board are taken on record. Copy thereof has also been handed over to Mr. Neeraj Malhotra, Senior Counsel for the Petitioner. The terms of reference stipulates as follows:
"13. The Fact Finding Report shall deal with each and every aspect of allegations made by Mr. Mahesh Dayal, in his letters, including the letter addressed to Hockey India till the submission of final report." 3.
Ms. Trehan further points out that the Petitioner has also filed a suit bearing No. CS DJ No. 455/24 titled as "Mahesh Dayal v. Hockey India", wherein the Petitioner has raised similar grievances, however, has not asserted any of the credentials as sought in the present petition. 4.
Mr. Malhotra submits that the constitution of FFC was never 2 Annexure P-19 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
intimated to the Petitioner. Nonetheless, he states that since the FFC is examining the complaints of the Petitioner as apparent from the terms of reference, he would be satisfied in case the present petition is disposed of by allowing the Petitioner an opportunity of personal hearing before the FFC. Additionally, Mr. Malhotra states on instructions that the Petitioner shall withdraw the suit bearing No. CS DJ No. 455/24. The statement to that effect is taken on record.
5.
In light of the above, the present petition is disposed of with a direction that the Petitioner shall be afforded a personal hearing by the FFC prior to rendering a final decision, as well as recommendations/ corrective measures, if any, to Respondent No. 1.
6.
All rights and contentions of the parties are left open including those urged in the present petition. In case, the recommendations of the FFC are adverse to the Petitioner's interest, he shall be free to take recourse against the same in accordance with law.
7.
With the above directions, the petition is disposed of along with pending applications.
SANJEEV NARULA, J AUGUST 30, 2024 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.