U.K.DHAON, V.D.CHATURVEDI, J. - (1.) ADMIT .
(2.) HEARD Sri Nirmal Kumar Seth, Senior Advocate, assisted by Sri Hari Prasad Gupta, learned Counsel for the petitioner and Sri Jaideep Narain Mathur, learned Additional Advocate General assisted by Sri D.K. Upadhayay, learned Chief Standing Counsel for the opposite parties. The learned Counsel for the petitioner submits that while the petitioner was posted as Additional District Magistrate (Land Acquisition), Ghaziabad he was selected by the Government of India to participate in the 9th Asian Shooting Championship Competition scheduled to be held that Malaysia but the permission was not accorded to the petitioner to participate in the event and he filed a writ petition which was registered as Writ Petition No. 297 (M/B) of 2000 and this Hon'ble Court was pleased to direct the Secretary (Appointment) to allow the petitioner to participate in the 9th Asian Shooting Championship Competition and in compliance of the said order passed by this Hon'ble Court the State of U.P. permitted the petitioner to participate in the 9th Asian Shooting Championship Competition at Malaysia. He further submits that by the Government Order dated 20.6.2005, the petitioner was transferred as Municipal Commissioner, Agra where he joined on 23.6.2005 and thereafter the petitioner was again transferred from the post of Municipal Commissioner, Agra and was kept in waiting and the said action of the Government was challenged by the petitioner before this Hon'ble Court at Allahabad by way of Writ Petition which was registered as Writ Petition No. 15072 of 2006 in which the transfer order was stayed. He further submits that although in compliance of the order dated 28.3.2006, the petitioner was permitted to joined by the State Government but by the order dated 15.9.2006 the State Government withdrew the financial powers of the petitioner and directed the District Manager, Agra to take and execute the financial powers of the Municipal Commissioner. Learned Counsel for the petitioner further submits that by another order dated 22.9.2006, the petitioner was placed under suspension by the State Government and the orders dated 15.9.2006 and 22.9.2006 were stayed by this Hon'ble Court at Allahabad in Writ Petition No. 53943 of 2006 and the said writ petition is still pending. He further submits that for Indian Contingent of 15th Asian Games which was scheduled to be held at Doha from 1.12.2005 to 15.12.2005, the petitioner was appointed as Coach of the players of National Shooting Team as the permission was not accorded to the petitioner to participate in the event, the petitioner preferred a writ petition in this Hon'ble Court at Allahabad which was registered as Writ Petition No. 63320 of 2006 and in the said writ petition in national interest, a direction was issued by this Hon'ble Court to take immediate steps to allow the petitioner to proceed as Coach for the Asian Games Players of National Shooting Team and in compliance of the said order passed by this Hon'ble Court, permission was granted to the petitioner to participate as Coach for Indian Shooting Team in the Asian Games, 2006. He further submits that again the petitioner was nominated as Coach of Indian Shooting Team vide order dated 1.6.2007 in the World Cup (Shot Gun) to be held at Lonato in Italy from 6.6.2007 to 15.6.2007 and the permission was granted to the petitioner by the State Government. He further submits that permission was also granted by the State Government to participate in Singapore and Germany Open Championship Games in the year 2005. Learned Counsel for the petitioner further submits that the Ministry of Youth Affairs and-Sports, Government of India nominated the petitioner as a Coach of the Indian Shooting Team at Nicosia (Cyprus) which was held from 1.9.2007 to 10.9.2007 but the permission was not given by the State Government and thereafter the petitioner was compelled to file a Writ Petition before this Hon'ble Court at Allahabad which was registered as Writ Petition No. 41437 of 2007 and a direction was issued by this Hon'ble Court to the opposite parties to grant permission to the petitioner to leave India for Cyprus and in compliance of the order passed by this Hon'ble Court permission was granted by the State Government. He further submits that Ministry of Youth Affairs and Sports, Government of India again appointed the petitioner as Coach for Indian Shooting Team for Asian Shooting Championship to be held at Kuwait from 1.12.2007 to 13.12.2007 for which the permission was granted by the State Government to participate in the event. He further submits that again the petitioner was nominated as a Coach of Indian Shooting Team for ISSF World Cup at Kerville, USA but no permission was granted by the State Government and the petitioner was compelled to file a Writ Petition in this Hon'ble Court at Allahabad which was registered as Writ Petition No. 22483 of 2008 which was finally disposed of and the opposite parties were directed to grant leave to the petitioner to participate in the event. He further submits that just to harass the petitioner, he was placed under suspension vide order dated 7.7.2008 which was challenged by the petitioner before this Hon'ble Court at Allahabad in Writ Petition No. 34193 of 2008. The said writ petition was allowed by the judgment and order dated 21.8.2008 against which a Special Leave Petition was preferred by the opposite parties which is pending before Hon'ble the Supreme Court. He further submits that vide letter darted 10.6.2008 the National Rifle Association of India, New Delhi communicated to the petitioner that he has nominated as a Coach of accompany the Indian Shooting Team for Olympic Games at Beijing to be held from 8.8.2008 to 18.8.2008 but in spite of various representations and reminders sent by different authorities the permission was refused by the State Government by the order dated 24.7.2008. The petitioner was again compelled to file Writ Petition in this Hon'ble Court at Allahabad which was registered as Civil Misc. Writ Petition No. 38123 of 2008. The said Writ Petition was disposed of by this Hon'ble Court and the petitioner was directed to convince the competent authorities. He further submits that in the spite of the letter of Senior Vice-President dated 1.8.2008 and the letter of the President of Indian Olympic Association dated 13.8.2008 addressed to Hon'ble the Chief Minister, the permission was not granted to the petitioner and in the interest of nation he proceeded to Beijing to participate in the event on 9.8.2008. He further submits that Gold Medal was awarded to the participant Sri Abhinav Bindra and the work and conduct of the petitioner was appreciated by the authorities at Beijing, a copy of which has been filed as Annexure No. 38 to the writ petition. He further submits that the petitioner with great success returned to the country on 17.8.2008. Thereafter by the impugned order dated 22.1.2008, the petitioner has been placed under suspension in a most arbitrary and illegal manner. Sri Jaideep Narain Mathur learned Additional advocate General, assisted by Sri D.K. Upadhayay, learned Chief Standing Counsel appearing on behalf of the opposite parties submits that the name of the petitioner as a Coach is not mentioned in the letter dated 25.7.2008 issued by the Government of India, Ministry of Youth Affairs and Sports, New Delhi. He further submits that when the name was the petitioner was recommended by the Indian Olympic Association to participate as a Coach of the India Shooting Team for Olympic Games, 2008 at Beijing, China, for enquiries were pending against the petitioner. He further submits that as the permission was not granted to the petitioner by the State Government, it was not proper for the petitioner to attain the Olympic Games, 2008 at Beijing and there is no illegality in the impugned suspension order. He further submits that this Hon'ble Court at Allahabad has also mentioned in the order dated 3.7.2008 passed in Writ Petition No. 28123 of 2008 that disciplinary enquiry with regard to misbehaviour with the District Magistrate, Agra is pending. He further submits that while disposing of the writ petition preferred by the petitioner, this Hon'ble Court at Allahabad by the judgment and order dated 31.7.2008 held that the petitioner has not made out any good case for interference and thereafter the petitioner filed Special Leave Petition before Hon'ble the Supreme Court in which no order was passed. He further submits that once this Hon'ble Court at Allahabad declined to grant any relief to the petitioner to go to Beijing, it was not desirable for the petitioner to attend the Olympic Games, 2008 at Beijing.
(3.) WE have considered the submissions made by the learned Counsel for the parties and gone through the record.;