RAKESH KUMAR JAIN, J. - (1.) The petitioner is an Assistant Sub Inspector in the Punjab Police and a Weightlifter/Athlete who is aggrieved against the impugned order(s) by which she has been banned from participating in any weightlifting competition for three years. In short, the petitioner attended the camp in June 2014 at the National Institute of Sports, Patiala (NIS), which was held to prepare the athletes for the Commonwealth Games which were to be held in Scotland between 23rd July, 2014 to 3rd August, 2014. The petitioner was in the 58 Kgs. Weightlifting category. The petitioner participated in the Commonwealth Games at Glasgow and secured 5th position in her category. While in Glasgow, the petitioner wrote a letter dated 30.06.2014 to the President, Indian Weightlifting Association against the coaches, namely, Sandeep Kumar Sharma, Vijay Sharma, Hansa Sharma and Kunjurani on account of harassment caused by them to the petitioner. She was informed by the Indian Weightlifting Federation (IWF) vide letter dated 30.08.2014 that an Enquiry Committee had been constituted to inquire into the incident, as alleged by the petitioner, in her complaint dated 30.07.2014. According to the petitioner, she received a notice on 17.09.2014 from the IWF which was initiated on a complaint which was a counter -blast to her complaint dated 30.07.2014, informing that a Disciplinary Committee has been constituted for deciding the complaints dated 04.06.2014 and 31.07.2014 filed against the petitioner for her indiscipline and mis -behaviour with her team -mates and coaches at NIS, Patiala and at 20th Commonwealth Games at Glasgow. The Disciplinary Committee, allegedly without affording an opportunity of hearing to contest the allegations made against the petitioner, reported/recommended on 16.10.2014 to the President of the IWF for three years ban restraining her from participating in any weightlifting competition/activity as an athlete, coach or in any other capacity. The report dated 16.10.2014 was put before the Executive Committee of the IWF on 01.11.2014, the Executive Committee approved the recommendations of the Enquiry Committee dated 24.09.2014 and the disciplinary committee dated 16.10.2014 and communicated the same to the Secretary, Sports Punjab Police, PAP, Jalandhar with a copy to the petitioner vide its letter dated 12.11.2014. The petitioner filed appeal No.1/2015 on 18.03.2015 before the President, IWF, New Delhi and since the said appeal was not being decided, the petitioner filed CWP No.10488 of 2015, which was disposed of with a direction on 25.05.2015 to respondent No.4 to decide the application for stay as well as the appeal in a prescribed time period. Thereafter, the appeal filed by the petitioner was dismissed on 26.08.2015. Hence, the petitioner has challenged the validity of recommendations dated 16.10.2014 and 24.09.2014, approval dated 01.11.2014 and the order passed in appeal dated 26.08.2015 by way of the present writ petition.
(2.) During the course of hearing, counsel for the petitioner has argued that the penalty of ban of three years is highly disproportionate and does not flow from the powers provided to the Executive Committee in the Constitution of the IWF. The petitioner has supported his argument with a judgment of this Court rendered in CWP No.20868 of 2015 titled as "Gurbaj Singh vs. Union of India and others" decided on 19.10.2015.
(3.) On the other hand, counsel for the respondents has submitted that the petitioner was selected by the IWF in the Indian team to participate in the 20th Commonwealth Games held at Glasgow, Scotland but before sending the team, a national coaching camp was organized at NIS, Patiala. During the said national coaching camp, 7 co -campers of the petitioner made a written complaint dated;