Orissa High Court
WP(C)/29003/2020 on 11 January, 2021
W.P.(C) No. 29003 of 2020
02. 11.01.2021 The matter is taken up by video conferencing mode.
Heard Mr. G.C. Sahu, learned counsel for the
petitioner.
The petitioner has filed this writ petition seeking to
quash the order 07.12.2019 in Annexure-8, by which he has
been replaced as General Secretary of the sports council of
the NTPC, Talcher and consequential rejection of his
representation in Annexure-10 dated 09.10.2020 in
pursuance of the order dated 10.06.2020 passed in W.P.(C)
No.13196 of 2020.
Mr. G.C. Sahu, learned counsel for the petitioner
contended that the petitioner, who was discharging duties of
General Secretary of sports council of NTPC, Talcher was
replaced by impugned order dated 07.12.2019 in
Annexure-8. Challenging the said office order, the petitioner
earlier approached this Court by filing W.P.(C) No.13196 of
2020, which was disposed of vide order dated 10.06.2020
directing the authority to consider the grievance of the
petitioner. In pursuance of the said order, the grievance of
the petitioner has been rejected vide order dated 09.10.2020
in Annexure-10. Hence this application.
Having heard learned counsel for the petitioner and
on perusal of the writ petition, it is found that NTPC which
has been established by the Govt. of India has a sports
council with an aim and object to encourage and promote
sports and games. The sports council consists of employees
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from NTPC, Kaniha to register themselves as members. The
sports council has executive committee comprising of
Chairman, General Secretary, Treasurer, Ex-officio members
and six nos. of executive members. The sports council has a
regulation which is called as NTPC, Kaniha Sports Council
Rules and Regulations, which came into force w.e.f.
01.04.2009. Under Rule-9 of the Rules, all executive
members of the sports council would be nominated by the
Management of NTPC for a period of two years initially and
thereafter the members of the committee would be elected
the term of which is for a period of two years. Rule-10
prescribes that any vacancy in the committee occurring
during its tenure would be filled by the President in
consultation with the committee. In response to the said
provisions, election was conducted in the year 2019 for the
post of sports council and accordingly notice was issued
inviting nominations. The petitioner submitted his nomination
for the post of general secretary of the sports council. After
withdrawal of the nominations, the valid list of candidates for
various categories of the posts were notified vide notification
dated 28.02.2019. For the post of Joint Secretary and six
nos. of executive members were declared elected without any
contest and in the said notification it was stated that election
for the post of general secretary would be held on
06.03.2019. Accordingly, the election was held on
06.03.2019 and the petitioner was declared elected for the
office of general secretary of the sports council. But he has
not been allowed to discharge his duty because of objection
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raised by the members of the sports council before the CGM,
Kaniha. Therefore, the petitioner had earlier approached this
Court by filing W.P.(C) No.13196 of 2020, which was
disposed of directing the authorities to consider the grievance
of the petitioner. In pursuance of the said order the authority
has passed order vide Annexure-10 dated 09.10.2020 to the
following effect:-
"The constitution of sports council or its rules are not
statutory in nature. However, it was only in the nature
of a guideline for all the employees of NTPC, Kaniha,
who would register themselves as Members of the
sports council under Annexure-7. The duties of the
office bearers has been as per clause-15 of the
constitution of the sports council. So far as the general
secretary is concerned, he is authorized to do the
following:
i) Issue notice concerning the council/committee
ii) Maintain proper records of the minutes of the
proceeding.
iii) Deal with the correspondences relating to the
sports council and shall be responsible for proper
maintenance of the records.
iv) Sanction expenditure for Rs.5000/- in urgent
cases (maximum Rs.1.00 lakh in a year)
v) He will be responsible of accounting store items
in the office as well as conducting elections on expiry of
the period.
Similarly, Joint Secretary is authorized only to assist
the general secretary in day to day functions of the
council and shall discharge the duties of general
secretary in his absence.
In the present case Senior Manager (HR Welfare) had
called for meeting of the selected players on 05.12.2019
in presence of DGM (HR) in which the captain and vice-
captain of the team were elected through voting
system. Prior to his, a team of 18 members was
selected to represent NTPC in various cricket
tournaments like IRSM and others. The issue as to
declaration of captain and vice captain of the team
representing NTPC was the issue raised by you in your
representation dated 06.12.2019, which was
appropriately responded to through letter dated
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06.12.2019 of the Senior Manager (HR).
You have intimated that you would restrain yourself
for organizing any events under sports council especially
conducting rural sports meet, which was then scheduled
to be held on 09.12.2019. The issue was appropriately
responded to on the same through letter dated
06.12.2019 of Senior Manager (HR) in which you were
advised to conduct rural sports meet as per schedule
and perform your duties and responsibilities as General
Secretary of the sports council. But unfortunately you
immediately responded through your letter dated
06.12.2019 indicating that you would conduct rural
sports on behalf of sports council, if every process,
functions and work shall be abided by rules under the
constitution of the sports council. Such conduct on your
part was utmost irresponsible and against the spirit of
the sports as well as the aim and object of the council.
Thus, keeping in view the aforesaid irresponsible
attitude of your and owing to the urgency for conducting
rural sports meet, Sri Pani, Jt. Secretary was advised to
discharge the duties and responsibilities of General
Secretary of sport council and same was indicated
through office order dated 07.12.2019 of the Senior
Manager (HR), which was issued with the approval of
the competent authority.
To be noted here that mismanagement of Rural sports
meet could have tarnished the image of NTPC amongst
public and hence Shri Pani was assigned the
responsibility of General Secretary in right spirit to
protect the image of the company. Further, your
intention to withdraw from managing the impending
rural sports meet appeared to be malafide and to put
NTPC into inconvenience."
In view of the above, this Court is not inclined to
entertain this writ petition. However, liberty is granted to the
petitioner to approach the appropriate forum ventilating his
grievance in accordance with law.
The writ petition is accordingly disposed of.
Ashok
...............................
(Dr. B.R. Sarangi) Judge 5