Andaman And Nicobar Rowing Association v. The Joint Secretary And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/72/2025 Andaman and Nicobar Rowing Association Vs.

The Joint Secretary and Another Mr. K. Sabir .... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents March 12, 2025 [SR] Item No.10 1.

We have heard the learned counsel for the parties. 2.

In the impugned decision, the Joint Secretary, SSC refused to reimburse Rs.3,87,384/- on the ground that the writ petitioner association had participated in the 23rd Sub-Junior National Rowing Championship and 5th Inter-State Challenger National Rowing Championship held at Dal Lake, Srinagar, Jammu and Kashmir from 20th June to 26th June, 2022. The association has furnished a claim of Rs.3,87,384/-. The ground for refusal appears to be that the association participated in the event without prior approval of the competent authority. 3.

This association has been participating in various tournaments for last several years and has been receiving grants from the respondents. The impugned order records that the association had remitted unsettled payment for the year 2005-2006, 2013-2014 and 2017-2018 on 12.12.2023.

4.

Besides aforesaid there was no allegation of any misutilization or non-submission of utilization of funds allotted to the association for any other period. It is not possible for an association to give minute details of all expenditure incurred but it is expected that the association shall furnish vouchers and documents showing utilization of the amounts allotted in order to enable the association to avail grants for future ar claim reimbursement.

5.

There appears to be some lapses for the years mentioned in the impugned order with regard to non-submission of documents for unsettled amounts. It may not be intentional. 6.

Instead of rejecting the entire claim for reimbursement, I would have expected the authority to grant a post facto approval having regard to the fact they have participated in the said tournament.

7.

In the event, the association is able to demonstrate participation in the said tournaments at Dale Lake, Srinagar, Jammu & Kashmir from 20th June to 26th June, 2022 and produce relevant vouchers and documents as far as practicable, the competent authority is requested to consider the claim for reimbursement in terms of the applicable rules and regulation. 8.

Mr.

Shatadru Chakraborty, learned counsel has produced an order issued by the A & N State Sports Council dated 24th June, 2016 which provides for financial assistance to the state level sports association.

9.

The Council shall not deny post facto approval to association in the event the Council is satisfied due to paucity

of time it was not possible for the associations to comply with rule 4 of the order dated 24th June, 2016 which is reproduced below;

"4.

The interested associations seeking financial assistance shall have to submit a self contained proposal to the Council indicating nature of programme, level of programme, total budget, resources to generate fund etc. for consideration."

10.

It is needless to mention that the said rules shall be applicable with any amendments to such rules if any in deciding the claim for reimbursement.

11.

The UT is required to incentivize sports in the islands and to extend all benefits to the petitioner and similar associations so that they can participate at the national and state level which will boost the morale of the performers and inculcate a competitive mind.

12.

In the event Rule 4 is substantially complied with by providing all details as would be required for prior approval the claim for reimbursement shall not be rejected merely because the association has applied for post facto approval. The encouragement for the sports and welfare of the participants should be of paramount consideration.

13.

This writ petition is thus disposed of by directing the Joint Secretary, SSC to re-consider the decision in the light of the aforesaid observations and upon the writ petitioner providing satisfactory documents with regard to its claim for reimbursement Rs.3,87,384/- . The writ petitioner shall not be disqualified in future of any financial benefits, on account of

default in this case, if otherwise eligible upon compliance of all required formalities.

( Soumen Sen, J. )