Delhi High Court - Orders
Ms Manika Batra vs Table Tennis Federation Of India ... on 17 November, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~99
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10590/2021
MS MANIKA BATRA ..... Petitioner
Through Mr.Sachin Dutta, Sr. Adv. with
Mr.Kartikey Singh, Ms.Prity Singh & Mr.Akshay,
Advs.
versus
TABLE TENNIS FEDERATION OF INDIA THROUGH THE
PRESIDENT & ORS. ..... Respondents
Through Mr.Sandeep Sethi, Sr. Adv. with
Mr.Chetan Anand & Mr.Akash Srivastava, Advs.
for R-1.
Mr.Chetan Sharma, ASG with Mr.Apoorv Kurup,
CGSC, Ms.Akshata Singh, Mr.Amit Gupta,
Mr.Sahaj Garg, Mr.R.V.Prabhat, Mr.Vinay Yadav,
Mr.Akshay Gadeock & Mr.Rishav Dubey, Advs.
for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 17.11.2021 W.P.(C) 10590/2021 & CM APPL. 40007/2021 (directions)
1. The present petition, under Article 226 of the Constitution of India, has been preferred by a renowned Table Tennis player, presently ranked at world number 56 in Women's Table Tennis, seeking the following reliefs:
"(i) A Writ of Certiorari or any other writ, order or direction quashing the Rules and Regulations titled as "Rules and Regulations for National Camp" dated Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:18.11.2021 16:23:44 04.08.2021 (Annexure P4, [Pg. 289]) issued by Respondent No. 1; and
(ii) A Writ of Mandamus or any other writ, order or direction thereby directing the Respondent No. 1 to include the name of the Petitioner in the contingent representing India in the upcoming Asian Table Tennis Championship;
and
(iii) A Writ of Mandamus or any other writ, order or direction thereby directing the Respondent No. 2 to enquire into the management of the Respondent No. 1; conduct of Respondent No. 3 and other officials of Respondent No. 1 as detailed in the present petition and the email of the Petitioner dated 14.08.2021 and the Representation sent by the Petitioner to Respondent No.1 dated 17.09.2021 and Respondent No.2 dated 17.09.2021 under the supervision of this Hon'ble Court.
(iv) Any other relief, order or directions which this Hon'ble Court considers just and fit in the circumstances of the case, in the interest of justice and in favour of the petitioner."
2. On 23.09.2021, this Court, after hearing the parties at length and taking into consideration the serious allegations of match-fixing made by the petitioner - primarily against respondent no.3, had directed the respondent no.2/Union of India to conduct an independent inquiry into the allegations made by the petitioner. Pursuant thereto, an inquiry has been conducted by a three-member Committee (under the Chairmanship of the Joint Secretary, Department of Sports) which has furnished a report after interacting with the petitioner and the respondent nos.1 and
3. A copy of the said report has been handed over to this Court in a Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:18.11.2021 16:23:44 sealed cover, which after being perused is directed to be placed in a sealed cover again. The same shall remain in a sealed cover, unless directed otherwise by this Court.
3. Though the said Committee has made certain observations inter alia suggesting that the action sought to be initiated by the respondent no.1/Table Tennis Federation of India vide the Show Cause Notice dated 20.08.2021 against the petitioner was uncalled for; the said Committee has, regrettably, not made any observations regarding the serious allegations levelled by the petitioner qua match-fixing, which was one of the primary issues on which the inquiry was required to be conducted by the said Committee. However, what emerges is that immediately after this Court had, on 23.09.2021, directed the respondent no.2 to conduct an independent inquiry, the respondent no.1 started responding to the earlier e-mails received from the International Table Tennis Federation (ITTF) by portraying a picture that the matter was serious and was required to be inquired into by the ITTF.
4. On 15.11.2021, when the matter was taken up after the Court had perused the report furnished by respondent no.2, learned senior counsel for the petitioner had vehemently contended that the conduct of the respondent no.1 in approaching the ITTF, within one hour of this Court's order directing an inquiry, was patently contemptuous. He had urged that it was a clear attempt on the part of the said respondent to nullify the effect of this Court's order and to try and get a parallel inquiry conducted by the ITTF, and that too by seeking an ex-parte audience from the ITTF.
5. Though these allegations were sought to be denied by the learned senior Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:18.11.2021 16:23:44 counsel for the respondent no.1 by urging that that the said respondent had acted fairly and there was no attempt to overreach the orders passed by this Court on 23.09.2021, after some arguments, he had prayed for time to obtain instructions as to whether the said respondent is willing to withdraw the Show Cause Notice issued to the petitioner and take appropriate steps to ensure that the ITTF does not pursue the matter against the petitioner any further, as also whether it was ready and willing to have the allegations levelled by the petitioner inquired into by an independent body appointed by this Court.
6. Today, Mr.Sethi submits that in an emergency meeting of the Executive Board of respondent no.1 held on 16.11.2021, a decision has been taken to immediately recall the Show Cause Notice issued to the petitioner as also all consequential proceedings arising therefrom. It has further been decided that a communication would be addressed by the respondent no.1 to the International Table Tennis Federation informing them about this development, so that no further action or inquiry is made by the ITTF against the petitioner. Mr.Sethi further submits that the respondent no.1 has no objection to this Court appointing an independent body to inquire into the allegations levelled by the petitioner.
7. In light of the aforesaid, even though the petitioner has expressed serious reservations about the present Executive Board continuing to run the respondent no.1 Federation; at this stage, and especially keeping in view the fact that the World Championship is slated to commence within a week from today wherein the petitioner is also participating, her request for appointment of an Administrator to run the respondent no.1 Federation is being deferred and will be considered at an Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:18.11.2021 16:23:44 appropriate stage, if deemed necessary.
8. However, since this Court had already directed on 23.09.2021 that the allegations levelled by the petitioner were required to be examined by an independent body other than the respondent no.1, and since the Committee appointed by the respondent no.2 has failed to examine the same, it is deemed appropriate to appoint a three-member Committee to examine the complaints of the petitioner made against respondent no.3 and other officials of respondent no.1 in her correspondence dated 14.08.2021, 26.08.2021 & 17.09.2021. The petitioner and the respondents are agreeable to the said course of action and undertake to co-operate with the proposed Committee.
9. The three-member Committee to examine the petitioner's complaint, as directed hereinabove, will comprise of the following members:
i. CHAIRPERSON: Justice Vikramjit Sen, former judge, Supreme Court. (Mobile: 8447333366) ii. MEMBER: Justice A.K. Sikri, former judge, Supreme Court. (Mobile: 9818000300) iii. MEMBER: Mr. Gurbachan Singh Randhawa, Arjuna Awardee and Padma Shri Winner. (Mobile: 9810408861)
10.Subject to following the principles of natural justice, the Committee will be free to adopt its own procedure. In view of the serious nature of allegations levelled by the petitioner, the Committee is requested to conduct the inquiry as expeditiously as possible and submit its report, preferably within a period of four weeks.
11. Each of the three members of the Committee, including the Chairperson, will be paid a sum of Rs.5 lakhs each - which amount will Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:18.11.2021 16:23:44 be payable by the respondent no.1 Federation, as undertaken on its behalf by its counsel. The venue for the inquiry will be arranged by the respondent no.1 Federation in consultation with the Chairperson of the Committee, and the expenses thereof, along with secretarial services, if any, will also be borne by the respondent no.1 Federation.
12.Keeping in view the manner in which the respondent no.1 had corresponded with the International Table Tennis Federation on the very day of this Court directing an inquiry to be conducted by the respondent no.2; it is directed that till the next date, the respondent no.1, except for informing the ITTF about the decision taken in its emergency meeting held on 16.11.2021 as noted hereinabove, will not correspond any further with the international body in respect of the petitioner or her complaints. However, in case the aforesaid international body needs any further clarification in this regard, any such request, if received by the the respondent no.1, will be forthwith transmitted to the Chairperson of the Committee appointed hereinabove for appropriate response by the Committee.
13.A copy of this order be communicated to all the members of the Committee.
14.List on 20.12.2021.
REKHA PALLI, J NOVEMBER 17, 2021 kk Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:18.11.2021 16:23:44