Hon'ble Judges/Coram:
Subramonium Prasad

JUDGMENT

Subramonium Prasad, J.

1. The instant writ petition has been filed under Article 226 of the Constitution of India challenging the Order dated 07.02.2018 passed by Respondent No.1/Paralympic Committee of India suspending the Petitioner herein from participating and him being sponsored in any sports event organized by the Respondent No.1 for a period of three years w.e.f 20.01.2018 and directing that recommendations be made to the Haryana Sports Department, where the Petitioner is working, to take strict disciplinary action against him. The Petitioner is an Arjuna Awardee and is a commonwealth and Asian Games medalist swimmer. The Petitioner was also appointed as a swimming team coach for 2016 Rio Paralympic Games. The Respondent No.1 is Paralympic Committee of India (PCI) which is the body interested in the activities of organizing State and National level sports meet for the disabled.

2. Shorn of unnecessary details, facts leading to the filing of the instant writ petition are as under:

a) The XVI-National Para Swimming Championship was held in Jaipur, Rajasthan from 31.03.2017 to 03.04.2017. It is stated that the Petitioner was a coach in the said event. It is stated that the Petitioner gave a camera to one of his associates and asked him to make videos of female swimmers during the event. It is stated that when the parents of swimmers objected to the said person who was making videos, they were informed that it was being done on the direction of the Petitioner herein. The said person was stopped from making such videos. However, it is stated that later on, the Petitioner continued to make the videos of female swimmers with a camera on tripod despite objections from the parents. It is stated that the Petitioner was called by the Chairman asking him for explanation but the Petitioner misbehaved with the Chairman. It is stated that the Petitioner also asked the Chairman and other office bearers of Respondent No.1 to show written objections from the parents regarding the video recordings made by the Petitioner and his associate. It is stated that seven complaints were received from various persons objecting to the filming of female swimmers who participated in the event.

b) On receiving the complaints, the Petitioner was detained by the Police and was later released after he agreed to delete the photographs and videos made by him and his associate. It is also stated that the Petitioner went to various complainants, abused the Chairman and other office bearers of Respondent No.1/Paralympic Committee of India (PCI) and threatened them. It is further stated that the Petitioner gave interviews to various TV Channels accusing the Chairman and other officer bearers of PCI by levelling allegations against them.

c) It is stated that a Show-Cause Notice was sent on 16.08.2017 by Respondent No.1 to the Petitioner to explain his position regarding the complaints received by the parents in respect of the videos and photographs taken by the Petitioner and his associate during the XVI- National Para Swimming Championship. It is stated that the Petitioner gave a reply on 28.08.2017 to the said Show-Cause Notice denying the allegations and he demanded copies of documents relied on by Respondent No.1.

d) It is stated that the Petitioner was called for a personal hearing on 20.01.2018 by the Disciplinary Committee of Respondent No.1. It is stated that Dr. V.K. Dabas, who was the Chairman of Respondent No.1 was also called. It is stated that the Petitioner and Mr. V.K. Dabas appeared before the Disciplinary Committee and a hearing was conducted. The Disciplinary Committee, thereafter, passed the Impugned Order dated 07.02.2018 suspending the Petitioner from participating and his being sponsored in any sports event organized by the Respondent No.1 for a period of three years w.e.f 20.01.2018.