Delhi Hockey v. Hockey India

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13836/2024, CM APPL. 57953/2024 &CM APPL. 57954/2024 DELHI HOCKEY .....Petitioner Through:

Mr. N.K. Kantawala, Mr. Sumit R.

Sharma, Ms. Deepti Dash, Mr. Kranti Singh, Mr. Praneet Das, Advocates versus HOCKEY INDIA .....Respondent Through:

Ms. Shyel Trehan, Mr. Rohan Poddar, Ms. Shivalika Rudrabatla, Ms. Vidhi Jain, Advocates

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 01.10.2024 1.

The Petitioner, Delhi Hockey, is the State Federation for the sport of Hockey, and a member unit of the National Federation, Hockey India, i.e., the Respondent. The Petitioner has filed the present petition, assailing the Show Cause Notice dated 24th July, 2024 and Clarificatory Show Cause Notice dated 25th August, 2024, issued at the instance of the Respondent. 2.

Mr. N.K. Kantawala, Counsel for the Petitioner, asserts that the Petitioner has submitted their response to the impugned show cause notice. However, he contends that the Respondent has acted without jurisdiction in issuing the show cause notice, and accordingly, urges the indulgence of the Court.

3.

On the other hand, Ms. Shyel Trehan, Counsel for the Respondent, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submits that the Petitioner being a member unit of the Respondent, falls well within the ambit of the Respondent's jurisdiction. The 'Memorandum and Rules of Regulations of India Hockey' empowers the Respondent to take disciplinary action against their affiliated units, including the Petitioner. She submits that the allegations in the Show Cause Notice pertain to the obligations that the Petitioner, being a State Federation, was required to fulfil. However, since they have failed to comply with the same, the allegations in the Show Cause Notice needs to be enquired into. 4.

Mr. Kantawala controverts the allegations levelled against the Petitioner. Nonetheless, he further states that he would be satisfied if the enquiry into the aforesaid allegations, which are being conducted by Hockey India Members Grievance Redressal Committee, instead be carried out by an independent body.

5.

Ms. Trehan, on instructions, states that the Respondent has already 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 of Allahabad, and therefore, they would have no objection if the enquiry into the allegations made in the Show Cause Notice, is conducted by the FFC.

6.

Since there is a consensus between the parties with respect to the aforesaid issue, the present petition is disposed of with the following directions:

6.1 The Petitioner is permitted to give a response to the clarificatory notice dated 25th August, 2024, within a period of three weeks from today. 6.2 The show cause notice dated 24th July, 2024 read along with clarificatory notice dated 25th August, 2024, and the response thereto shall The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

be examined and enquired into, by the FFC, in accordance with law. 6.3 The Petitioner shall be afforded a personal hearing by the FFC prior to rendering a final decision.

6.4 The FFC shall furnish its report as well as recommendations/ corrective measures, if any, to the Respondent. 6.5 The Respondent shall then take a final view in the matter and decide on the Show Cause Notice. In case the said decision is adverse to the Petitioner's interest, they shall be free to take recourse against the same, in accordance with law.

7.

The Court has not examined the merits of the case. All rights and contentions of the parties are left open, including those urged in the present case.

8.

With the above directions, the petition is disposed of along with pending applications.

SANJEEV NARULA, J OCTOBER 1, 2024/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.