Haryana Athletics Association v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video conferencing) CWP No.4259 of 2022 Date of Decision: 09.03.2022 HARYANA ATHLETICS ASSOCIATION ......Petitioner Vs STATE OF HARYANA AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. D.S. Patwalia, Sr. Advocate with Mr. A.S. Chadha, Advocate for the petitioner.

Mr. Vivek Chauhan, Addl. A.G., Haryana.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner has preferred this writ petition for the issuance of an appropriate writ, order or direction in the nature of certiorari quashing the impugned order/letter dated 07.01.2022 issued by respondent No.2 whereby all sports gradation certificates issued to the players on the basis of recommendations given by Haryana Athletics Association were cancelled with immediate effect. In a way all sports gradation certificates issued to the players on the basis of sports gradation certificates issued by the then President and Secretary of the

 Athletics Federation were cancelled with a further endorsement that the cancellation be entered in the master register with red ink.

On 04.03.2022, Mr. Vivek Chauhan, Addl. A.G., Haryana appeared on the basis of advance notice and submitted that after passing of the impugned order dated 07.01.2022, the members of the petitioner-Association are proposed to be granted opportunity of hearing and they have been asked to participate in the proceedings to be held on 10.03.2022.

On 08.03.2022, learned Senior counsel for the petitioner submitted before the Court that petitioner and all the stake holders of the Association have not been called upon to join the intended enquiry proceedings fixed for 10.03.2022. Today, learned State counsel has sent an office order dated 04.10.2021 and letter dated 25.02.2022 in the context of intended hearing fixed for 10.03.2022. The letter dated 25.02.2022 is addressed to Mr. Naresh Malik, Secretary of the petitioner-Association.

The grievance of the petitioner is that in the impugned order no reasons have come forth for taking such a decision and in the absence of the background in which impugned order has been passed, the intended hearing would be a farce.

 Having considered the issue on the basis of submissions made by learned counsel for the parties, I deem it appropriate to dispose of this writ petition with a direction to respondent No.2 to accord full opportunity of hearing to the petitioner and its members, if they wish to come forward by way of objections. Respondent No.2 shall also disclose the reasons for passing the impugned order and after granting reasonable opportunity of hearing to the petitioner and other stakeholders, necessary decision shall be taken. Respondent No.2 shall also consider the feasibility of granting more opportunities to the petitioner and its members in order to facilitate them to supplement their objections.

In view of aforesaid facts and circumstances of the case, rigour of order dated 07.01.2022 shall not applied to the proceedings before respondent No.2.

(RAJ MOHAN SINGH) March 09, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No