High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to declare the suspension notice dated 0711212023 sent to me through an official letter by the Respondent No.4 and via email ceo'hydca@gmail'com by the RespondentNo.-5asillegal,arbitrary,inviolationoftheprinciplesofnatural justice and contrary to the Bye-Laws of the Respondent No.2 Association thereby set aside the suspension dated 07112t2023 and consequently reinstate my employment as the Administrator Manager of the Respondent No'2 Association and payment of all pending salary arrears' including those accrued after the lapse of suspension period on 0710612024 till date. lA NO: 'f OF 2024 Petition urder Section 151 CPC praying that in the cirr;umritances stated in the affidavit filed i r :;.rpport of the petition, the High Court ma)' be oleased to direct the Responde rt l'10 I to consider my application dated 25107 120 24 objecting the suspension orde. :zrled 0711212023 sent to me by Respondent No 4 and 5. lA NO: 2 OF 2024 Petition urrc|:'Section 151 CPC praying that in ther circ;ums;tances stated in the affidavit filed in :;rrpport of the petition, the High Court may be cleased to direct the Respondert l"lc,.2 Association to clear the payments of all pending salary arrears, includirg those accrued after the lapse of suspen:;ion period on 0710612024 till lzrle Counsel 16y 16s loetitioner: SRI RAJA SRIPATHI RAO, SENIOR COUNSEL FOR SRI ADITYA VYAS Counsel for the Res,pondent No.1: SRI G.PRAVEEN KUMAR, GP FOR SPORTS Counsel for the Res pondent Nos.2 TO 6: SRI L.ARAVIND REDD\', SC FOR HCA The Court made the following: ORDER EW.l */.P.No.25671 202,1 THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.2 5677 0F 2024 ORDER: This writ petition is filed for the following relief: "...to declare the suspension notice dated 07/ 12/2023 sent to petitioner through an official letter bg the respondent No'4 and ii" email ceo.ltgdc@mail'com by the respond,ent iVo.5 as illegal, arbitrary, in uiolation of the pinciples of natural justice and contrary to the Bge-Lau-ts of the respondent No-2 Association therebg set otid" th" suspension dated O7/ 12/2023 and consequentlg reinstate mA emploament as the Administrator Manager of-thi respondent No'2 Association and pagment of all pending salary -arrears 'inituding those accrued after the lapse of tutp.niion peiod on O7/ O6/ 2024 till d-ate and' to pass such further or other orders.. . "

2. The case of the petitioner is that he was appointed as administrative Manager of respondent No'2 cricket association on 23-06.2021 and subsequently his seryices were regrrlarized vide order d'ated 28.07.2022 subsequently, inspite of repeated requests made by the petitioner' increments' as mentioned in his regula rizat\on letter dated 28'07 '2022 ' have not been paid by the respondent No'2 association' the ) EW,J tt. P. \ o.25671 2021 petition,'r reade a representation dated ,15 () 1.2)23 to the Superri,;or,' Committee of respondent No.2 associatiorl regardirg rrrn implementation for paymerLt ol inrrrements as mentirrne.:l irr the regularization letter date d '. 8.O7.2022. Inspitt, ;1 rrnplementing the said order dated 28.(17.2022 by paying i .l :rr ments the respondent authorities have issued the impuget,c rrrder dated 07.O1.2023. Inspite of submitting explanat ror to the said suspension order, tlie r,:spondents have r o rt: instate the petitioner into senice anc. hence the petition h:,:; been filed.

3. Flearc Sri Raja Sripathi Rao, learned Sieni:rr Counsel represon t 11e Sri Aditya Vyas, Iearned corrnsr,l for the petitione r >rl G. Praveen Kumar, lea;-nec[ Ciovernment Pleade:- a6rltearing for respondent No.l and riri L. Aravind Reddv, lt,:,: ted Standing Counsel for respondent N(.s.2 to 6.

4. L:z rn,: I Senior Counsel for the petitione:- su bmits that respon le r. l'{o.4 has suspended the petitioner for rl period of six motrtLr,. b,v stating that further investigation will take place to ass,:s s the severit5r of the issue and rlete:-mine the J EryI W.P.No.2567l-2024 appropriate course of action to be taken and accordingly directed the petitioner to return all the HCA assets' data' email IDs and passwords that were in the possession of the petitioner to the CEO of HCA' Learned counsel further submits that the General Body and Office Bearers and their PowersandFunctions,andthepowersofthePresidenthave been clearly explained' under Chapter-Il of the General Body office and functioning of the constitutions of HCA has been earmarked the rule of the oflice bearers where-under the presiclent rule reads as under:

1. The President: 'l a. The President shall preside at all .meetings Itr.^c.rr"r"t Body and the Apex Council' b. The President sha-ll be one of the three persons ,he audited annual accounts and other ;;;; frnanci"al statements of the HCA' c. The President shall also exercise such- functions and duties as he may be empowered with by the C.""i"f BodY or the APex Council' d. The President shall, in the event of a vacancy or irai"p."i,i." of an Office Bearer' delegate the ," another office Bearer until the ir".i."" duly filled up' or the indispositions "1."".V ceases. "t. 4 EyYt tLP.\o-25671 2024

5. 'f I Le powers and functions of tite ilpe),: counsil 1 5 1 gov(-.r1 itself and would submit that th,_. po,,ver.s of HCA are eartniirl<:d. The respondent No.4 has got tto l)ower to take disciplinrlry action against the petitioner. \n1, decision regarc i:11 suspension must be approved by fte Apex council durirl: i,r; meetings, as mandated by Rukr 15(4)(l)) of the Bye_ law.s c,f r:spondent No.2 Association, thr: releva nt portion of the afc r.- s,aid rule is extracted hereunder: I ['. Pcuters and Functions of the Apex Cott n<:il. ,1. )n addition to and, without prejttd.ice to the (re t,:r c,.litA of potuers conferred_ d_irectly Or by r'.e-(,ssarlj implication under these Rules :tnd_ r,?crt t(Liions and the Memorandum of ltssoctrttion, t)1c t\pex Council shall exercise the potte.rs Ltnd perfltrnt the duties here a,fter mentionect.: i-,, nstitute or d.efend. anA actlon or p'o:<te cl,ings for or against the HCA r tgcLi,rst a,tt _),'Jice-Bearer or emplogee of the HCA. '

6. 1'he ,\pex Counsel and the Appeila:_rt s CoLrnsel have indicaterl tlLat the event shall be referred ancl earmarked accord;ng.,, Hence, only the CEO and the Ape>r Ccuncil shall refer atrr :()lnplaints, and only the CEO has tLLe arrthoritv to 5 EryJ W.P.Nq.I567l 2021 take action. If action is taken without conducting a preliminary inquiry as per the procedure contemplated under the rules, no action can be taken against the offrcials of the HCA who are in contravention of the rules and regulations. Additionally, the registration of the HCA and its Memorandum of Associations, as per the 2018 rules, have been violated. The petitioner has been suspended without following the due process of law. Hence, the petitioner seeks indulgence from this Court. 7 . The Apex Council and appellant's counsel assert that the event shall be referred and earmarked, and hence, only L the CEO and the Apex Council shall refer any complaint. Only the CEO has been given the authority to take action. Since the complaint was passed without conducting a preliminary inquiry as per the procedure outlined therein, no action can be taken against the officials of the HCA due to the contravention of rules and regulations, and in violation of the SCA registration and the HCA Memorandum of Associations Rules, 2018. The petitioner has been removed in violation of 6 EryT tt. P. \o.25671 2024 \ the drie I). )cess of law and hence seeks tht: inrlulErence of this Court

8. l,earrLr:d Additional Government Pleader 'vould also submit th.lt Respondent No. 1 is a fornral par -y, and no allegalic r has been made against respondent irlo.1. Therefore, he worrl l r::ek to pass appropriate orders

9. IIervirLll heard both the parties zrnd pe rusing the Memo:'ancl -rm of Association, Rules and Rcgulatiors of 2018, which harrr been framed as per the judgrrLent par;sed by the Hon'b1e !i:preme Court in W.A.No.42l]5 of 2024 and conne<:trrrL nratters, this Court is of the opinion tlrat without followinll t 1re procedure contemplated t,v t hc rules and regular-i()r) s, u.hich were framed by the Ho n'bl- Supreme Court, Fes;1;cndent No.4 has passed the said trCt.r, which is i1lega1. -{e' passed this order without having t he powers confen'el ;1>on him. Exercising power by the authrrity which is not [:\'rng the requisite authority nrus'. b,.: nullified. Accordirglr, the impugned order dated C)7.12.2023, which susper d:,.1 the petitioner from the administrat ive cricket assocrz.ttorr is hereby set aside. At the sarne t.ime, it is made 7 EryJ w.P.No.2567I 2024 clear that nothing Precludes the Respondent from taking appropriate steps strictly in accordance with the law and the judgment passed by the Hon'ble Supreme Court, as per the Memorandum of Association of 2018.

10. With the above observations, this Writ Petition is allowed, and the Respondents are directed to take necessary action for re-instatement of the petitioner and granting of arrears of amount, if any, due to the petitioner. Miscellaneous petitions, pending if any, in this Writ Petition, shall stand closed. //TRUE GOPY// SD/-P. GOWRI S ANKAR DEPUTY RE ISTRAR SECTI N OFFICER To

1. Principal Secretary, Sports Department, TS Secretariat Building, Hyderabad, State of Telangana Hvderabad. Telanqana State. Uooal. Hvderabad. Telanoana State Association RGICS, Uppal, Hyderabad, Telangana State.

2. ihe SecretaryI Hyderabad Cricket Association, RGICS, !PPa! Hyderabad. 3. Honourable Ethic's Officer and Ombudsman, The Hyderabad Cricket 4. The President, The Hyderabab Cricket Association RGICS, Uppal, S. f6e Cfret Executiie Officer, The Hyderabad Cricket Association RGICS' 6. ifi6 Hbn6bb Secrbtary, Tie Hyderabad Cricket Association RGICS, Uppal' 7. Ohe CC to SRI ADITYA wAS, Advocate [oPUC] 8. Two CCs to GP FOR SPORTS, High Court for the State of Telangana, at e oire cc to siil L.ARAVIND REDDY, SC FOR HCA [OPUC] 10. Two CD Copies Hyderabad, Telangana State. Hyderabad. [OUTI PS BS q I HIGH COLIRI- DATED:26nil't2025 ORDER WP.No.2567'l of 2024 :=' -l r,-rt: ( o () ll7 li]i'l 2[25 t ^'Fq, r\: ^ , \] t ALLOWING'T'HE WRIT PETITION WITHOUT'(3OSTS t