MARKANDEYA KATJU, CJ.

( 1 ) THIS Letters Patent Appeal has been filed against the impugned judgement of the learned Single Judge dated 12th August 2005 by which he dismissed the petition.

( 2 ) HEARD the learned counsels for the parties and perused the record.

( 3 ) BY means of the writ petition, the petitioner/appellant challenged the decision of the Governing Council of the Air Force Sports Complex (AFSC) dated 10th October 2003, annexure 10 to the writ petition, by which the Governing council decided to terminate the membership of the petitioner/appellant in the afsc on account of his alleged mis-conduct as mentioned in the CBI Report and other material. The petitioner also prayed for a mandamus to restore his membership.

( 4 ) IN the writ petition it has been stated that the petitioner retired as an Air vice Marshal from the Indian Air Force after having served for thirty-three years. He has alleged that during his distinguished career, he was awarded several medals including the Ati Vishisht Seva Medal (AVSM) and participated in the 1965 and 1971 wars. He has worked in several important positions as mentioned in the writ petition.

( 5 ) IN 1987, the petitioner became a member of the AFSC. The said AFSC has several facilities like Golf Club, Health Club, Swimming Pool, etc. It has been built on the land allotted by the Ministry of Defence, Government of India.

( 6 ) THE petitioner received a letter dated 9th September 2001 from the respondent no. 1, stating that his membership of the AFSC has been cancelled. The petitioner objected to this letter, and when the respondent failed to do anything about it, he filed a writ petition in this Court being writ petition no. 7439/2002. By order dated 8th September 2003, this Court set aside the cancellation order dated 9th September 2001 and directed the respondent to issue a show cause notice to the petitioner within a week?s time, so that he may be given an opportunity to explain as to why his membership should not be terminated. However, the High Court also directed that in the meanwhile the membership of the petitioner shall remain suspended. The show cause notice was issued to the petitioner on 18th September 2003, to which the petitioner sent his reply on 26th September 2003. Thereafter, the order terminating his membership was passed on 10th October 2003. Annexure A to the writ petition, is a copy of the show cause notice dated 18th September 2003 issued to the petitioner by the respondent. A perusal of the same shows that the allegation against the petitioner was that on 26th October 2001, he was taken into custody by the CBI due to his alleged involvement in certain criminal matters, as reported in the print media. Hence he was required to show cause as to why his membership of AFSC should not be terminated to avoid the possibility of his interaction with other serving Air Force Officers utilizing the facilities of the said Sports Complex. The petitioner gave his reply to the said show cause notice, which is Annexure 9, but thereafter his membership was terminated. The letter of termination of his membership is annexure 10.

( 7 ) THE petitioner alleged in paragraph 5 of the writ petition that throughout his professional career he has worked with utmost sincerity, dedication and is renowned for his integrity. He alleged that cancellation of his membership is wholly arbitrary and illegal.

( 8 ) IN the counter affidavit filed by the respondent to the writ petition it is alleged that the writ petition is not maintainable as the Air Force Sports complex is run according to the Rules and Bye-laws laid down by its Governing council. Under the Rules, the membership of a member can be terminated, and it is alleged that it has been terminated bonafide by the Governing Council of the afsc after considering all the relevant facts.

( 9 ) IN paragraph 2 of the counter affidavit, it is stated that the funds of the afsc are generated through monthly subscription and grants from the Welfare

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