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The Patna High Court on Tuesday appointed retired judge Shailesh Kumar Sinha as Ombudsman of the Bihar Cricket Association. Disposing of a petition filed by Aditya Varma, secretary of Cricket Association of Bihar, Justice Sandeep Kumar said, “The Ombudsman will decide all the complaints made against the office-bearers of the BCA in accordance with byelaws of the BCA after hearing the concerned parties. The Ombudsman will also examine the complaints, as indicated above, and will decide the same in accordance with the Rules and Regulations of the BCA.”
The court also added that the Ombudsman will get an honorarium of Rs 2.5 lakh per month.
Taking note of the appointment of two Ombudsman, who were functioning at cross purpose, the court observed: “It appears that one Nawal Kishore Singh, retired District Judge, was appointed as Ombudsman in the meeting of Committee of Management dated 02.01.2023. He was then removed in the Special General Meeting dated 04.02.2023.
Later, the appointment of one Paras Nath Roy, retired District Judge, as Ombudsman was approved in the Annual General Meeting dated 04.06.2023. However, both of them continued to discharge the function of Ombudsman. One was passing order(s) in favour of the President while the other was passing order(s) against him. As Sri Paras Nath Roy was not passing order(s) in favour of the President of the BCA, he was even dragged as an accused in an F.I.R. instituted by the BCA.”
Therefore, the court restrained both of them from functioning as Ombudsmen. “For the foregoing reasons especially, the peculiar circumstances indicated in the preceding paragraph, it became expedient for this Court to invoke its extraordinary power under Article 226 of the Constitution of India to appoint an Ombudsman for better administration of the BCA. It goes without saying that the presently functioning Ombudsmen were illegally appointed in the meeting of the Committee of Management in brazen violation of the approved Rules and Regulations of the BCA and they are thus restrained from functioning as Ombudsmen.”
In what could be a far-reaching order, the court also rapped the BCCI for turning a Nelson’s Eye to the misdeeds of the BCA office-bearers. “This Court also finds that the BCCI has been supporting the illegal acts of the BCA and has been turning a blind eye on the complaints received against the BCA. The
BCCI is not supposed to support the illegal actions of the office-bearers of the BCA, but it has to remain independent and has to act whenever any illegality is committed by the office bearers of the BCA. Hence, it is directed that the BCCI in near future shall act promptly on the complaints made against the office bearers of the BCA,” the court ruled.
“The entire affairs of the BCA has essentially been reduced to a one-man show and this has miserably affected the cause of cricket in the state of Bihar. Players from outside Bihar were allowed to be inducted in the men’s team on the basis of forged and fabricated certificates and this was rather done on a routine basis. It is unfortunate that all these issues were repeatedly brought to the notice of the BCCI, which rather dealt with the issue in a very
casual and perfunctory manner,” Justice Kumar said in his 54-page order.
“The complaints regarding the centralization of power with the President Rakesh Kumar Tiwari are very serious and it is expected that henceforth the President of the BCA will act in accordance with Rules and Regulations of the BCA and will not act in a manner prejudicial to the interest of the BCA. He cannot usurp the powers of the office bearers of
the BCA by removing them. The office-bearers can be removed only in accordance with Rules and Regulations of the BCA. Further, the distribution and balance of authority in the management of the BCA should be as per Rules and Regulations of the BCA. Moreover, it is for the Ombudsman to take disciplinary action against any office bearer as per Rule 45(1)(b) of the Rules and Regulations of the BCA and the Committee of Management can only issue show-cause notice calling for explanation and after receipt of the show-cause, it can forward the same to the Ombudsman, who after hearing the parties, shall pass appropriate order. Further, the President in case of removal of any office bearer cannot assume his powers but has to delegate the powers and functions to another office bearer until the vacancy is filled up,” Justice Kumar said.
On the misuse of funds and irregularities in operating the BCA’s bank account, the judge said: “I find that this action and the resolution of the BCA is illegal and it is directed that the bank account of the BCA can only be operated as per Rules and
Regulations of the BCA and the Secretary and the Treasurer can only operate the bank account and not the President and the Treasurer.”
