SHENAN PERCY CHRISTIAN vs DY. COMPTROLLER AND AUDITOR GENERAL OF INDIA on 6 October 2026

1. Considering the grounds stated in the amendment application being MA (Diary No. 1147/2026), the same is allowed.

2. The present OA has been filed by the applicant being aggrieved with the impugned order dated 24.09.2026 (Annexure A/1) whereby the O/o Pr. Accountant General (A&E), Gujarat by referring the office communication dated 27.08.2026 and the Office Order dated 31.08.2026 issued various directions imposing various restrictions upon the applicant in respect to participation (future) in the Badminton Tournament, has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking relief in para-8 and interim relief in para-9 of the OA.

3. Ms. K L Kalwani, learned counsel for the applicant submits that the applicant herein has been appointed under the sports quota as Accountant (A&E), Gujarat Branch of the CAG. She submits that the applicant has long experience in the Badminton and the details of her achievement in the field of sports in Badminton have been provided in para-4 of the OA. The said details demonstrates her achievements as Badminton player and the various medals she has won while representing her employer i.e., CAG.

Further, it is stated that as per the provisions in the sports policy in IA & AD, the players recruited under sports quota can play from any State or can play National or International game. Thus, there is only formal procedure prescribed in the policy of obtaining NOC from concerned department, of which the player is employee and as such there is no provision restricting any player to play or coach only in the respective tournaments or coaching. In this regard, learned counsel for the applicant referred the New Sports Policy for promoting sports in IA&AD (Revised) notified by the O/o the Comptroller and Auditor General of India, New Delhi dated 28.06.2023 (Annexure A/2).

4. Ms. K L Kalwani, learned counsel for the applicant submits that the impugned order dated 24.09.2026 (Annexure A/1) was received by the applicant through e- mail on 24.09.2026 at 12:54:41 pm. On the very same day, the applicant has also been served with Show Cause Notice dated 24.09.2026 at 12:56:56 pm (Annexure A/16) whereby the applicant was directed to submit her written representation within 05 days as to why disciplinary proceedings under Rule 16 of the CCS (CCA) Rules, 1965 should not be initiated against her for non compliance of the direction issued by Memorandum dated 27.08.2026 and Office Order dated 31.08.2026 to represent the C&AG Team in the Central zone Badminton Tournament at New Delhi and unauthorizedly absented herself to participate in the West Zone Badminton Tournament as a member of the Gujarat State Team. The said conduct of the applicant has been treated as gross indiscipline, wilful disobedience of orders, unauthorized absence from duty, and a direct breach of obligations attached to Sport Quota recruitment. 4.1 Another Office Order No. Admn (A&E)/65 dated 24.09.2026 (Annexure A/17) has been received by the applicant on the same date i.e., 24.09.2026 whereby she has been informed that the period of her absence from 01.09.2026 to 06.09.2026 without prior permission/NOC for participation in West Zone Badminton Tournament, has been treated as ‘Dies-Non’ (without break in service) by the competent authority. 4.2 Learned counsel for the applicant submits that it can be seen that before the applicant responded to the Show Cause Notice dated 24.09.2026 (Annexure A/16), the respondents have already passed the impugned order dated 24.09.2026 (Annexure A/1) imposing various restricting upon the applicant’s participation in Badminton Tournament including national and International sporting event for three years alongwith other restrictions.

4.3 Learned counsel for the applicant further submits that applicant has recently participated in All India Senior Ranking National Tournament held between 21.09.2026 to 28.09.2026 at Lucknow, and during the said Tournament the impugned order dated 24.09.2026 (Annexure A/1) has been served upon her through e-mail. Therefore, the applicant could not respond to the Show cause Notice within the stipulated time of 05 days as mentioned in the Show Cause Notice and thus requested the competent authority to grant her some more time to submit her explanation to the said Show Cause Notice. In this regard, learned counsel for the applicant submits that applicant has submitted her applicant on 28.09.2026 and reminder on 05.10.2026 requesting the respondents to grant her more time to submit her explanation in respect to the Show Cause Notice dated 24.09.2026. However, as stated hereinabove before the applicant could submit her detailed explanation to the Show Cause Notice, the respondents without even waiting a single day passed the impugned order on the very same day i.e., on 24.09.2026 whereby very harsh restrictions has been imposed upon the applicant vide order dated 24.09.2026 (Annexure A/1). Therefore, according to the learned counsel for the applicant the impugned order dated 24.09.2026 issued in utter violation of the principle of natural justice and arbitrary to the policy applicable to the Sports Quota employee as well as the same is harsh in nature. Hence, the said impugned order is bad in law and requires to be quashed and set aside.

5. So far as interim relief as prayed for by the applicant is concerned, learned counsel for the applicant submits that she had applied for grant of NOC from the respondent to allow her to participate in the State Badminton Championship, 2026 at Jamnagar for playing Badminton in singles and doubles scheduled to be held between 06.10.2026 to 10.10.2026. However, till date she has not received any NOC and if the applicant is restrained to participate in the same based on the impugned order dated 24.09.2026 (Annexure A/1), the career of the applicant in sports will jeopardize. Therefore, she requests that during the pendency of the OA by way of interim relief the applicant may be allowed to participate in State Badminton Championship, 2026 at Jamnagar for playing Badminton in singles and doubles from 07.10.2026 onwards.

6. On the other hand, on receipt of advance copy of the OA, Ms. Aishwarya Gupta, appears for the respondents and submits that based on the communication dated 21.09.2026 issued by the Office of the Comptroller & Auditor General of India, the Show Cause Notice dated 24.09.2026 has been issued as well as the communication dated 24.09.2026 imposing certain restrictions upon the applicant. So far as the NOC sought by the applicant to allow her to participate in the upcoming State Badminton Championship, 2026 at Jamnagar scheduled to be held between 06.10.2026 to 10.10.2026 is concerned, the O/o the Principal Accountant General (A&E) Gujarat forwarded the application of the applicant vide their letter dated 05.10.2026 to Director (Personnel), CAG, New Delhi and awaiting the response of it.

7. She further submits that the respondents have as such considered the application of the applicant and without their being any NOC the applicant has participated in All India Senior Ranking National Tournament held from 21.09.2026 to 28.09.2026 at Lucknow. However, the NOC was accorded retrospectively by the Headquarters on 25.09.2026 and the O/o of Ahmedabad has granted the same on 29.09.2026. According to learned counsel for the respondents are not restraining the applicant from participating in National/International Tournaments vide impugned order dated 24.09.2026. Learned counsel for the respondents further submits that she may be granted short time to file reply to the OA.

8. At this stage, learned counsel for the applicant Ms. K L Kalwani submits that as per the policy, the applicant only have to apply for NOC before 10 days of any tournament.

9. Heard learned counsel for the parties and perused the material on record. Considering the same, we are of the opinion that applicant has made out a prima facie case for intervention of this Tribunal. Hence, ‘Issue Notice’ on OA as well as on interim relief. Ms. Aishwarya Gupta, learned counsel for the respondents waives the service of notice.

10. In the meantime, by way of ad-interim relief we restrain the respondents from implementing the impugned order dated 24.9.2026 (Annexure A/1) issued by the O/o of Pr. Accountant General (A&E), Gujarat, Ahmedaabad Branch of CAG. Since, it is reported that the respondent nos. 2 & 3 have already forwarded the application of the applicant for NOC to participate in the upcoming Yonex Sunrise Gujarat State Badminton Championship, 2026 at Jamnagar to the Headquarter, CAG, New Delhi and response to the same it stated to be awaited, and the schedule of the said Tournament in respect to the applicant is starting form tomorrow i.e., 07.10.2026, under these circumstances, by way of ad- interim relief we allow the applicant to participate in the said tournament and for that purpose she may be relieved by the respondent nos. 2 & 3. In the meantime, it is open for the respondents to issue NOC retrospectively to the applicant.

11. List the matter for further order on 04.11.2026.

12. Copy of this order be supplied to learned counsel for the parties.

Sanjiv Kumar Member (A) Jayesh V Bhairavia Member (J) P Anukuma ( court master )