Telangana HC sets aside suspension of HCA manager Bijai Durga Rath
Senior Advocate Raja Sripathi Rao, appearing for the petitioner, argued that the suspension order was issued unilaterally by an HCA office-bearer in contravention of Rule 15(4)(d) of the HCA bye-laws, which mandates prior approval of the Apex Council.
By Legal Correspondent
Hyderabad: Justice E.V. Venugopal of the Telangana High Court set aside the suspension of Bijai Durga Rath, the Administrative Manager of the Hyderabad Cricket Association (HCA), terming the action as arbitrary, without jurisdiction, and violative of the association’s bye-laws and the Supreme Court directions.
The judge was hearing a writ petition filed by Bijai Durga Rath challenging the suspension order issued to him on December 7, 2023.
The petitioner was initially appointed in June 2021 and later regularised in service on July 28, 2022. Alleging that he was suspended without due process or inquiry, he sought reinstatement and payment of pending salary arrears.
Senior Advocate Raja Sripathi Rao, appearing for the petitioner, argued that the suspension order was issued unilaterally by an HCA office-bearer in contravention of Rule 15(4)(d) of the HCA bye-laws, which mandates prior approval of the Apex Council.
It was submitted that no show-cause notice or inquiry preceded the action and that such decisions can only be taken by the Apex Council and CEO under the governing framework laid down by the Supreme Court. L. Aravind Reddy, standing counsel for the HCA, sought to defend the action but was unable to demonstrate compliance with the procedural requirements.
The Additional Government Pleader, appearing for the State, clarified that the government had no role in the disciplinary proceedings. After examining the records, the Court found that the suspension order had been issued by an authority that lacked jurisdiction and in violation of established rules.
Justice Venugopal held that the impugned action could not be sustained and directed the HCA to reinstate the petitioner and release all arrears.
