[9/23, 16:19] Sekarreporter 1: Diary Number 801344 / 2020 *Advocate Amit Kumar Sharma and Advocate Satyam Singh Rajput* have filed a petition in DELHI HIGH COURT, challenging arbitrary, illegal, and unreasonable suspension of one of
[9/23, 16:19] Sekarreporter 1: Diary Number 801344 / 2020
*Advocate Amit Kumar Sharma and Advocate Satyam Singh Rajput* have filed a petition in DELHI HIGH COURT, challenging arbitrary, illegal, and unreasonable suspension of one of the most decorated *International para Swimmer and Arjuna Awardee, Mr Prasanta Karmakar*. The Disciplinary committee of PCI has given 3 years suspension to Prasanta Karmakar on the basis of concocted, fabricated and false charges of misconduct, manhandling and intentional wrongdoing. The charges leveled against Mr. Prasanta Karmakar was baseless, false and untenable. Mr. Prasanta Karmakar tried to bring to light the
financial impropriety and irregularities, corruption, mismanagement and lack
of transparency and accountability which is prevalent in the functioning of
PCI. The Petitioner stood by the hapless athletes who had been left in the
lurch by PCI. The petitioner was demanding for fair election of PCI in
general and election for the post of chairman of Para Swimming of PCI in
particular. The petitioner also raised important and pertinent question as to
how Mr. V.K. Dabas is holding on to the post of chairman of Paralympic
Swimming of PCI without election and has become its self-appointed Coach.
Raising of voice and complaints by the petitioner was not taken in positive
light by PCI in general and V.K. Dabas in particular. PCI wanted to get rid of the petitioner,therefore, to meet their own vested interests, the
Petitioner was implicated in concocted, fabricated and false charge of
misbehavior, manhandling and international wrongdoing. There was
predetermined and premeditated plan on the part of the PCI to take action
against the petitioner on the pretext of false and fabricated charges. Prasanta Karmakar has won 44 international medals and 74 national gold medals, and is also a trained coach, who has represented the country as a coach in RIO PARALYMPIC, 2016.
Advocates, *Amit kumar Sharma and Satyam Singh Rajput* have made avernment in the petition that the disciplinary committee of PCI does not have the power or
authority to suspend the Petitioner, Prasanta Karmakar. There is no provision in
the Bye Laws of PCI which empowers the disciplinary committee constituted by
PCI to hold disciplinary enquiry, and subsequent to the enquiry award penalty to
an athlete in the nature of suspension. The Disciplinary Committee of PCI has not adhered to the Principles of Natural justice. Disciplinary Committee didn’t appreciate evidence, denied the opportunity to
petitioner to cross examine the complainant, and there was non application of
mind in ascertaining the guilt of petitioner and to arrive at a just finding.
Moreover, he was provided with the copy of complaint after the completion of
disciplinary proceeding against him. All these instances clearly show that the
disciplinary committee was biased against the Petitioner.
The Petitioner, through *Advocates Amit Kumar Sharma and Satyam Singh Rajput* have prayed for the following reliefs from the Hon’ble Delhi High Court :
A. Quash and set aside 3 Years suspension given to Para Swimmer Prasanta
Karmakar pursuant to the disciplinary proceeding conducted against him
vide the order dated.7.02.2018
B. Direct the respondent PCI to allow the Petitioner to take part in swimming
related activities with the immediate effect.
C. Grant damages/ compensation to the Petitioner for being arbitrarily,
capriciously and illegally debarred from the swimming competition for 3
years by respondent PCI in violation of his fundamental right enshrined
under article 19(1)(g).
D. D. Pass any such and further order which this Hon’ble Court may dim fit and
proper as per the facts and circumstances of this case in the interest of
justice and equity.
The matter is likely to be heard on 24.09.2020.
[9/23, 16:19] Sekarreporter 1: ..
