Saikat Banerjee And ANR v. State Of West Bengal And ORS.

S/L 16 19.11.2025 Court. No. 25 suvayan WPA 25240 of 2025 Saikat Banerjee & Anr.

Vs.

State of West Bengal through Department of Youth Services and Sports & Ors.

Mr. Chayan Gupta Ms. Koel Mukherjee Mr. Anurag Sardar Mr. Mahfuz Murshed Ms. Kaushani Dey ...for the petitioners.

Mr. Sirsanya Bandopadhyay Mrs. Tapati Samanta ...for the State.

Mr. Soumya Majumdar, Sr. Adv.

Mr. Avishek Guha Ms. Somali Mukhopadhyay Ms. Shilpa Das ...for the respondent no. 3.

1.

Being aggrieved with the order of suspension issued by the West Bengal Badminton Association against the petitioners on September 5, 2025 for a period of six months with immediate effect pending further disciplinary proceedings, the petitioners have filed the present writ application.

2. The petitioners says that the petitioners have not received the order of suspension but the suspension order was placed in the website of the West Bengal Badminton Association and did not get any opportunity of hearing before issuance of order of suspension.

3. Learned counsel for the petitioner submits that due to the order of suspension issued against the petitioners and the petitioners subsequently made a representation to the West Bengal Badminton Association but that has

not been considered. The main contention of the petitioners that due to the order of suspension the petitioners are not in a position to participate in any of the badminton championship either national or international. He further submits that from the month of December, 2025 the national and international badminton tournament is going to be starts and as such the petitioners may be allowed to participate in the said tournaments.

4. By an order dated November 18, 2025 this Court has directed the respondent no. 3 for production of record by which the order of suspension was issued. In compliance of the order dated November 18, 2025 Mr. Majumder, learned Senior Counsel has placed the WhatsApp communication dated September 5, 2025 and the original minutes of the emergent council meeting held on September 5, 2025 at 4.30 p.m. wherein a decision has been taken for placing the petitioners under suspension for a period of six months from participation in any tournaments with immediate effect pending disposal of the disciplinary proceeding.

5. Mr. Majumder has drawn attention to this Court to Rule 12 (b) of the West Bengal Badminton Association wherein it is provided that the disciplinary committee for necessary redress, based on gravity of the charge and having due consideration prima facie, suspend the concerned charge person(s) or even the member or impose any other interim sanction till the final decision of the disciplinary committee.

6. Learned counsel for the respondents relying upon the said provision submitted that when the respondents came to know about the illegal act of the petitioners, the respondents placed the petitioners under suspension pending disciplinary proceeding.

7. Mr. Majumder submits that though the petitioners have placed under suspension now the Association has decided to issue show-cause notice upon the petitioners and the petitioners are at liberty to give reply and to appear before the disciplinary committee to place their grievances. He further informed that disciplinary committee will be held on 29.11.2025.

8. The Association is at liberty to issue show-cause notice, if any, to the petitioners on or before November 25, 2025. The petitioners shall be at liberty to file reply by 27.11.2025 and to appear before the disciplinary committee on November 29, 2025.

9. The disciplinary committee is directed to complete the disciplinary proceeding within a week from 29.11.2025 by passing a reasoned and speaking order and to communicate the same to the petitioners.

10. It is made clear that pending the suspension and disciplinary proceeding, the petitioners shall be at liberty to register their name before the concerned District Committee of the concerned Association and if the petitioners registered their name, the petitioners shall be at liberty to participate in the tournament subject to outcome of the disciplinary proceeding.

11. WPA 25240 of 2025 is disposed of.

12. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)