Friends of Basketball, Panjim, a club registered under Societies Registration Act 1860, has issued notices to 3 managing committee members of Goa Basketball Association(GBA), asking them to resign within 7 days for allegedly contravening the provisions of the Central Civil Services Conduct Rules 1964. The 3 members who have been issued these notices are Mr. Shekhar Jain (Secretary), Mr. Shankar Naik (Treasurer) and Mr. Govind Chodankar(Jt. Secretary). These 3 are either State or Central Government Employees and are thus bound by the CCS Rules. The notices have been issued by Mr. Sandeep Heble, Secretary of the Club.
According to the Notice, the members appear to have violated rules 15(1) and 12 of the CCS, which says that prior sanction of the Government is mandatory for holding an elective post in any sports body and similar sanction is required for raising funds for that body, etc. The Notice also relies upon an Office Memorandum dated 22nd April, 1994 issued by the Department of Personnel and Training [DOPT], subsequently upheld by the Delhi High Court Judgment in the ‘Shyam Singh Yadav vs National Rifle Association’ matter that the following principles should be followed while considering requests from Government servants for seeking election to or holding elective offices in Sports federations/associations:- (i) No Government servant should be allowed to hold elective office in any sports association/federation for a term of more than 4 years, or for one term whichever is less. (ii) While seeking office (for which prior permission of Government should be obtained) for election to sports bodies, a Government servant should not indulge in conduct unbecoming of a Government servant. These State/ Central Government Employees have prima-facie contravened the provisions of the CCS rules / OM circular by holding the Post of an elective office for more than 4 years, and breach of the provisions of the CCS rules may also have been committed in case the members have Individually and/or collectively raised funds for the GBA and/ or not obtained prior sanctions from the Government before being elected to the posts of the Managing Committee/ Technical Committee. “And whereas, since both the All India Services (Conduct) Rules, 1954 and the Central Civil Services (Conduct) Rules, 1955 lay down inter alia that Government servants should, at all times, maintain absolute integrity and devotion and must not indulge in acts that are unbecoming of a Government servant; it appears you may also be guilty of breaching these provisions by associating with the GBA, which prima-facie appears to be functioning in an unconstitutional manner as its term appears to have currently expired. The GBA furthermore has been declared as an unregistered Society under the Societies Registration Act and its acts are thus irregular and/or illegal. By serving as member of Managing Committee/ Technical Committee of an Association which appears to be guilty of such severe misconducts and irregularities, you are thus indulging in acts and conduct that may be deemed to be unbecoming of a Government Servant. Such acts/ conduct could therefore invoke severe action and/ or prosecution. “As such, this notice draws upon you the need to immediately tender your resignation as member of Managing Committee/ Technical Committee of Goa Basketball Association within 7 days from receipt of this letter, failing which we shall be forced to file necessary complaints against you before the State/ Central Government as required and may contemplate taking further legal actions as may be necessary”, the notice further reads. Copies of the notices have also been sent to Shri Manohar Parrikar(Hon’ ble Chief Minister of Goa), Shri Ramesh Tawadkar(Hon’ ble Minister of Sports), Mr. V. M. Prabhudesai(Director, DSYA) and Mr. Elvis Gomes(Executive Director, SAG). "We will discuss this issue with the Government in the coming week for taking further necessary action", says Club Secretary Sandeep Heble in his press communique. Yours sincerely Sandeep Heble Secretary, Friends of Basketball - Panjim 9326129171
