INDUMEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has called in question Order No. 447 of 2006 dated 28 -06 -2006 contained in annexure -A to the writ petition, passed by the Secretary, J&K State Sports Council (hereinafter lo be referred to as the Council), on the grounds taken therein. Respondents have filed reply and resisted the petition.

(2.) DURING pendency of the writ petition, this court vide order dated 03 -02 -2007 restrained Ravinder Gupta, present Secretary from operating upon the funds of the Council.

(3.) LEARNED counsel for the petitioner argued that the Secretary of the Council namely Mr. Manoj Pant (IFS), the then Director of the Council, was a member of the Council and was also nominated Secretary of the Council. He continues to be the Secretary even through he has been transferred. Thus respondent No. 3 - - Vice President was not competent to pass the impugned order and empower Shri Ravinder Gupta, present Director of the Council to hold the charge of the office of Secretary of the Council. In the alternative he argued that even if the post of Secretary of the Council had fallen vacant, the Secretary was to be elected from the members of the Council in terms of the Rules and Regulations of the Jammu and Kashmir State Sports Council (for short Rules). He further argued that Council is having two Joint Secretaries as per Rules, the vice President could have asked one of the Joint Secretary to perform the duties and functions of the Secretary till elections.