LAWS(P&H)-2015-10-138

GURBAJ SINGH Vs. UNION OF INDIA AND ORS.

Decided On October 19, 2015
GURBAJ SINGH Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The petitioner started his career in Indian Hockey when he represented Indian team in Sub-Junior Asia Cup in which the Indian team won the gold medal and the petitioner was declared Man of the Match twice. It followed his entry in under-21 Junior India Men's Hockey Team which won Junior Challenge Cup Hockey Tournament in Poland. In the year 2004, the petitioner played for the country in 4-Nations Tournament held in Gifu, Japan, Indo-Australia Test Series at Perth, Australia and IndoMalaysia Test Series in India and the Junior India Men's Hockey Team won the Indo-Malaysia Test Series. In 2005, the petitioner represented the Junior India Men's Hockey Team in the 4-Nations Tournament held in Lahore, Pakistan where the Indian team was the runners-up. The petitioner also played the 6-Nations Tournament held at Kualalumpur, Malaysia and the team won the Bronze medal. He was selected in the Senior India Men's Hockey Team in the year 2006 and represented the Indian team at the Asian Games held at Doha, Qatar, where the Indian team won the gold medal. He further represented India at the South Asian Games at Colombo, where the Indian team won the silver medal. In the year 2007, the petitioner played the Senior Asia Hockey Cup held at Chennai and represented India at the Champions Challenge tournament held in Belgium and won the Bronze medal. In the same year, the petitioner participated in the Sultan Azlan Shah Cup held in Malaysia, where also the Indian team won the Bronze medal. In the year 2008, the petitioner captained the Indian team at the Junior Asia Cup held at Hyderabad, in which the team India won the gold medal. The team India also won the test series against Belgium and was runners-up at the Sultan Azlan Shah Cup held in Malaysia. The petitioner represented India in 4-Nations Tournament at Australia and the Olympic Qualifier held in Chile in the year 2008. In the year 2009, he played for India in the Sultan Azlan Shah Cup held at Malaysia, where the team India won the cup. The petitioner also played in the test series against New Zealand and Canada. The team was runners-up in the 4-Nations Punjab Gold Cup held at Chandigarh in the same year. He also participated in the Europe Test Series which was played against Spain, Holland, Belgium and England as well as the Asia Cup held at Malaysia. In 2010, the petitioner represented the Indian team and won the Sultan Azlan Shah Cup held in Malaysia. He also played for India in 2010 in the Commonwealth Games held at Delhi, where India got silver medal. He also played for India in the Asian Games held at Guangzhou, China where the team India won the Bronze medal. He also played for India in the World Cup held at New Delhi as well as the Panasonic Cup held in Germany. In the year 2011, the petitioner also played for India at the First Asian Champions Trophy held in China and won the gold medal. He again represented India at Champion Challenge-1, Johannesburg, South Africa where the Indian team was the runners-up. He also played for India at the Sultan Azlan Shah Cup held at Malaysia, 4-Nations Men's International Super Series-Perth, Australia (AUS/IND/NZL/PAK), 3-Nations Men's Challenge I TournamentBusselton, Australia- (AUS/IND/PAK) and the 3-Nations Men's Challenge II Tournament-Bunbury, Australia (AUS/IND/PAK). The petitioner then played in the London Olympic in the year 2012 and also represented India at the Sultan Azlan Shah Cup held at Malaysia where the India won the Bronze medal. The petitioner represented the team India in the 3-Nations Tournament held in Spain and in the Test Series against France. He also participated in the Punjab Festival Games held at Lahore, Pakistan where the team India won the gold medal. In 2013, the petitioner played for the Delhi Wave Riders in the Hero Hockey India League and also played in the 62nd All India Police Hockey Championship, 2013 held at Bangalore and was declared Man of the Match twice. In 2014, the petitioner won more laurels for the Delhi Wave Riders and won the Hockey India League. He also helped the Indian team in winning the gold medal at the 17 th Asian Games at Incheon, South Korea and he was also a member of the Silver Medal winning Indian team at the 20th Commonwealth Games (Men), Galsgow (Scotland). He also participated in the Men's Rabobank Hockey World Cup, 2014 held at Hague, Netherland. The petitioner was given the Best Player Award in the Sultan Azlan Shah Cup held at Malaysia, 2010. He was also adjudged as Man of the Match in the World Cup, 2010 on four occasions and on the basis of his outstanding performance, he was selected as a member of the Asian All Stars Hockey Team by the Asian Hockey Federation at the Asian Games at Guangzhou, China in the year 2010. He was also awarded with the Maharaja Ranjit Singh Award by the Punjab Government and represented the State of Punjab in the National Games, 2011 held at Ranchi as a Captain and won the gold medal. The petitioner also represented the State of Punjab in the Senior National Championship, 2012 held at Bangalore and in the 61th All Indian Police Championship, 2012 held at Jammu. The petitioner has already been appointed as Deputy Superintendent of Police in the Punjab Police w.e.f. 13.12.2011. He has completed his police training in the year 2013 with flying colours where he topped his batch in Rifle Shooting. Besides this, it is alleged that having played in about 200 International Matches, the T.G. Frankenthal Germany Hockey Club was pleased to sign him for playing for the club.

(2.) The petitioner, with the aforesaid bio-data to his credit in the game of hockey, has filed this petition for seeking a writ in the nature of certiorari for quashing the order dated 10.08.2015 passed by the Hockey India/Hockey India Athletes Grievances Redressal Committee (hereinafter referred to as the "Committee"), banning the petitioner from playing Competitive Hockey (All Hockey India AHF & FIH sanctioned tournaments) for a period of nine months w.e.f. 10.08.2015 till 09.05.2016 and the order dated 18.09.2015 by which order dated 10.08.2015 has been upheld in appeal.

(3.) The petitioner was summoned to appear on 10.08.2015 in the 2nd meeting of the Committee, which was held under the chairmanship of Mr. Harbinder Singh, to discuss his alleged untoward behaviour and conduct on the representation of Mr. Jude Felix, who was the Coach with the Indian Senior Men's Team. The report of the players, coaches and support staff in relation to incidents happened during the 2012 Olympic Games was also placed before the members of the Committee. According to the respondents, the petitioner was dropped from the Men's National Team on account of his misconduct in the 2012 London Olympic Games but it was clarified that the petitioner returned to the National Men's Team in March 2014 at the request of Mr. Roelant Oltmans, Director High Performance and Mr. Terry Walsh, Chief Coach, Indian Men's Team, with an assurance that the petitioner would not repeat the untoward behaviour and attitude shown during the 2012 Olympic Games.