New Delhi: In a big relief for Gurbaj Singh, the Punjab and Haryana High Court on Monday termed the nine-month ban imposed on the experienced midfielder for creating groupism and disharmony within the team as "illegal" and quashed the sanction with immediate effect.
The Court gave Hockey India (HI) a week's time to convene another meeting and decide if they want to impose a punishment as per Level 1, 2 or 3.
Punjab and Haryana High Court Justice Rakesh Kumar Jain has said that the ban doesn't commensurate to Hockey India's Players Code of Conduct that allows a maximum of Level 3 offence for charges of 'misbehaviour', which is suspension of 5 or more matches.
"These incidents, even if are taken to be true, though refuted by the petitioner, cannot be brought within the ambit of serious misconduct in order to attract the punishment of a ban of 9 months, especially when the respondents have failed to show from the Rules and Regulations the provisions of the punishment of ban except for certain orders passed in various meetings of the Hockey India Disciplinary Committee," Justice Jain said.
"The facts and circumstances discussed here-in-above lead to an irresistible conclusion that that the impugned orders dated 10.08.2015 and 18.09.2015, imposing ban of 9 months upon the petitioner, are patently illegal, arbitrary and unreasonable and hence, both the impugned orders are hereby set aside.
"However, the matter is remanded back to Hockey India /Hockey India Athletes Grievances Redressal Committee, who would convene a meeting within a period of one week from the date of receipt of certified copy of this order and shall take a decision in that meeting for imposition of punishment/penalty upon the petitioner, if needed be, as per Levels 1, 2 and 3 of the Code Conduct Guideline Sanctions provided in Appendix-12 of the Code of Conduct (Players & Players), which shall also commensurate with the allegations/charges levelled against the petitioner in Points 12(b), (c) and (d), as mentioned in the minutes of the 2nd meeting of the Hockey India/Hockey India Athletes Redressal Grievances Committee held on 10.8.2015.
"The decision taken by the Committee shall be intimated to the petitioner in two days thereafter," the Court said in its judgement.
Earlier, Justice Jain had reserved order after final hearing on October 15.
Gurbaj has already missed 11 international games since HI imposed the ban on him two months back, which means even if the federation changes the punishment from a 9-month ban to a Level 3 offence, Gurbaj can't be asked to sit out of any more international matches. But the decision to bring him back into the national team or not rests entirely with HI.
However, according to Gurbaj's counsel, Puran Singh Hundal, even a Level 3 offence would be illegal for the charges of 'misbehaviour' and 'groupism' against his client.
A relieved Gurbaj thanked the court for delivering justice. "I thank the Indian judicial system for lifting the ban and washing out the false allegations against me. I will do all I can to serve the country once again on the field of hockey," he told IBNLive.
HI had imposed a ban of nine months on Gurbaj after former national coach Jude Felix had submitted a report following the Hockey World League Semifinals in Antwerp, Belgium to the Federation, in which allegations of misbehaviour were made against the veteran midfielder.
Gurbaj had appealed against the disciplinary committee's findings and the matter was heard by a HI committee comprising president Narinder Batra, CEO Elena Norman, Harbinder Singh and RP Singh.
However, they were not convinced by the clarification offered by the player.
Not long ago Gurbaj was considered the most talented player in the Indian team, but a report post the FIH World League semis by assistant coach Jude Felix led to Hockey India banning him for nine months on charges of 'misbehaviour' and 'groupism' in the team.
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