Vipin Sanghi, J.

1. These two petitions under Article 226 of the Constitution of India have been preferred by the petitioner in relation to the action of the respondent/National Rifle Association of India (NRAI) in removing him from the post of Treasurer. The respondent-Association/NRAI is an association, which is an autonomous body recognized by the Ministry of Sports at the national level for the promotion and advancement of the sport of shooting in India. It is the National Sports Federation duly recognized and regulated by the Government of India. It receives substantial grants from the Central Government. According to the petitioner, it received grants of Rs. 22 Crores (approximately) between 2007 and July 2011.

2. The petitioner is a government officer serving under the Government of Uttar Pradesh. He states that he is a PCS 1982 Batch officer. He claims that he has special interest in the sport of shooting, and is interested in advancement of the said sport in India. He has been associated with the NRAI since 1996.

3. The petitioner states that on 14.08.2001, the Government, acting through the Ministry of Sports (Ministry of Youth Affairs & Sports), notified and introduced the Sports Code for assistance to National Sports Federations. The Government set priorities and detailed the procedure to be followed by National Sports Federations for their recognition and to avail sponsorship and assistance from the Government.

4. In the year 2004, upon the demise of the erstwhile Treasurer, the petitioner was co-opted as the Hon. Treasurer of the respondent-Association. He continued in that position till 2005 when the elections, inter alia, for the said post were held. The petitioner contested for the said post of Hon. Treasurer in the respondent-Association, and was elected to that position. On the expiry of the four-year term in the year 2009, the elections for the said post were again held, and the petitioner again offered his candidature for the said post. Once again he was elected as the Hon. Treasurer of NRAI for a term of four years, which will expire in 2013.

5. On 04.02.2010, the Government of India through the Ministry of Youth Affairs & Sports, Department of Sports, issued a circular addressed to the Chief Secretaries of all the State Governments and Union Territories, and to Sports Secretaries of Governments of all State Governments and Union Territories on the subject of adoption of norms relating to obtaining of prior governmental sanction for contesting and canvassing in elections to sport bodies. This circular took note of the fact that a number of government servants of the State Governments and the Union Territories Administration are holding posts in various sports associations and bodies at the national level, state level and district level. It pointed out that holding of elective office by government servants by the Central Government is regulated by the Central Civil Services (Conduct) Rules, 1964 [CCS (Conduct) Rules]. In terms of Rule 15(1) of the CCS (Conduct) Rules, previous sanction of the Central Government is required to hold an elective office in anybody. Under Rule 12 of the CCS (Conduct) Rules, previous sanction of the Government or the prescribed authority is also necessary for a government servant, associating himself with raising of any funds or other collections, in pursuance of any object whatsoever.

6. Pertinently, this circular also referred to instructions issued by the Department of Personnel & Training (DOPT) contained in its O.M. No. 11013/3/9/93-Estt.(A) dated 22.04.1994 which, inter alia, provides that no government servant should be allowed to hold an elective office in any Sports Association/Federation for a term of more than four years, or for one term, whichever is less. The circular dated 04.02.2010 called upon the State Governments/Union Territories Administrations to formulate, if not already so formulated, appropriate rules/instructions for incorporating the above-referred