The role of Ombudsman does not constitute an arbitration assignment, allowing acceptance without prior sanction under applicable rules.

ORDER

Hon’ble Mr. Manish Garg, Member (J):

In the present Original Application filed under Section 19 of the Administrative Tribunals Act , 1985, the applicant has prayed for the following reliefs:

“(i) Allow the instant OA and quash and set aside the impugned letter/order dated 18.03.2024 (Annexure A-1) (ii) Allow the instant OA and quash and set aside the impugned letter/order dated 05.04.2024 (Annexure A-2) (iii) Direct the Respondent herein to acknowledge the nomination of the Applicant as the Ombudsman & Ethics Officer in Uttarakhand Cricket Association (UKCA);

(iv) issue any such and further order and directions the Hon’ble Tribunal deems fit and proper in the facts and circumstances of the case.”

2. Narrating the facts of the case, learned counsel for the applicant submitted that the applicant is retired Chief Justice of Hon'ble Madras High Court and is currently serving as Chairperson, Appellate Tribunal SAFEMA and PMLA since his appointment w.e.f. 08.09.2022.

2.1 Learned counsel further submitted that the applicant has approached this Tribunal by virtue of the present OA seeking quashing and setting aside of impugned orders dated18.03.2024 and05.04.2024 issued by the respondent whereby the respondent has illegally and unfairly declared that his taking up of the assignment of Ombudsman & Ethics Officer in Uttarakhand Cricket Association (UKCA) is not being agreed to by the 'Competent Authority' and has further advised him to resign from the post of Ombudsman & Ethics Officer in (UKCA), if already joined and submit a compliance report in this regard.

2.2. Adding to his submissions, learned counsel submitted that the applicant herein also seeks directions to the respondent to acknowledge his nomination as the Ombudsman & Ethics Officer in Uttarakhand Cricket Association (UKCA).\

3. Learned counsel for the applicant contended that the Rules governing the applicant herein are Central Civil Service (Conduct) Rules , 1964 (in particular Rule 15 of the said Rules) and Tribunal (Conditions of Service) Rules , 2021 (in particular Rule 16 of the said Rules). Together Rule 15 of the Rules, 1964 and Rule 16 of the Rule, 2021 lay down the legal regime governing the conditions mandated in case a Member/Chairperson of a Tribunal accepts an assignment outside his official duties. He submitted that in the instant case the assignment undertaken by the applicant is purely for the purpose of promotion of sports and the UKCA is a registered association devoted to promotion of sports and, therefore, there is no need to seek sanction/permission from respondent; still the respondent has undertaken the exercise of scrutiny and illegally issued the impugned orders. Learned counsel added that the only embargo provided by the Tribunal (Conditions of Service) Rules , 2021 on serving Members/Chairperson is for taking assignments outside their duties such as “arbitration assignment”.

3.1 Learned counsel emphatically contended that neither of the aforesaid Rules place any embargo on the applicant herein to accept assignment of Ombudsman & Ethics Officer in UKCA and even the Rules do not require the applicant herein to seek prior permission of the respondent before accepting the assignment of Ombudsman & Ethics Officer in UKCA. The applicant merely wrote to the respondent requesting it to acknowledge the said acceptance of assignment, however, the respondent without any basis or legal foundation has passed the impugned orders.

3.2. Learned counsel for the applicant further contended that the respondent has wrongly concluded that the acceptance of the assignment in question by the applicant would affect and/or undermine his official duties as the Chairman, Appellate Tribunal. In this regard, learned counsel submitted that the assignment of Ombudsman & Ethics Officer of UKCA is not a full time engagement, therefore, would not affect the functioning of the applicant as Chairperson of the Appellate Tribunal and in fact, in terms of Article 41 (2) of the Constitu