The Vice President had the authority to make emergent decisions and implement them, and the Joint Secretaries could only perform routine business with the approval of the Vice President.

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.

4. Learned counsel for the respondents argued that the then Secretary of the Council Shri Pant, IF A, was posted as Director of the Council, came to be nominated as member of the Council vide Government order No. 46-Edu (Tech) of 2005 dated 24-03-2005 and elected as Secretary of the council. By his transfer, the post of Secretary had fallen vacant because he ceased to be the member of the Council. Further he argued that Manoj Pant had made a written request that he has been transferred and he is no longer member of the Council and could not hold the charge of the Secretary of the Council and had sought instructions to whom he would hand over the charge of the Secretary of the Council. Accordingly Government passed order No. 788-GAD of 2006 dated 24-06-2006, impugned in this petition. Shri Pant is not aggrieved of the said order. Ravinder Gupta, Director Youth Services and Sports is performing the duties right from 25-06-2006. However, after lapse of six months, petitioner challenged the order on the ground that the same is against the Rules.

5. Learned counsel for the respondents argued that the petitioner has no right or locus to challenge the order. While defending the impugned order, he argued that the impugned order is just an interim arrangement till elections are held and Vice President is within his powers to make such orders in order to run the affairs of the Council, because he has the power to preside over the meetings of the Standing Committee, to exercise powers to take emergent decision(s) and to implement and carry out the decision(s) in terms of the mandate of Rule 19 of the Rules.

6. Heard learned counsel for the parties.

Admit. With the consensus of learned counsel for the parties, the case is taken up for final disposal.

7. At the outset it is apt to mention here that I deem it proper not to thrash out and determine as to whether petitioner has locus to challenge the impugned order, but to decide the issue that whether respondent No. 2 has the powers and jurisdiction to pass the impugned order.

8. The sole question which calls for determination is whether Vice President -- respondent No. 2 was having powers to pass the impugned order. In order to reply this question, it is necessary to notice relevant provisions of the Rules.

Sub-rule (c) of Rule 1 defines Council -- Standing Committee -- member. It is profitable to reproduce sub-rule

a) x x x x x x x x x x x

c) Council" shall mean the Jammu and Kashmir State Sports Council.

x x x x x x x x x x

h) "St

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