Telangana High Court
Mr. Chirag Yadav vs The State Of Telangana on 3 April, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 34978 OF 2024
O R D E R:
Heard Sri P. Raja Sripathi Rao, learned Senior Counsel on behalf of Ms. B. Nishitha, learned counsel for petitioner, Sri S. Ashok Anand Kumar, learned Senior Counsel on behalf of HCA and Sri C. Damodar Reddy, learned Senior Counsel on behalf of Sri S. Abhaya Kumar Sagar, learned Standing Counsel BCCI.
2. Petitioner is before this Court to declare the ban imposed on him for two years, effective from 04.11.2024 to 03.11.2026 and preventing him to play the tournaments conducted by Respondents 2 and 3 as illegal and violation of his rights.
3. It is the case of Petitioner that he is highly-skilled and playing cricket for nearly a decade, with outstanding credentials, diligence, and accomplishments in various state and national-level tournaments. In 2021, he was registered with the 2nd respondent - BCCI vide ID No.18774, in full compliance with their guidelines and regulations and since then, he played for various tournaments representing the State of Telangana; in 2 October 2024, he was the captain of Hyderabad team for Under- 19 for the tournament Vinoo Mankad Trophy held at Mohali. The grievance of Petitioner is that Respondents 2 and 3 have arbitrarily imposed a two-year ban and the same is communicated vide e mail dated 14.11.2024 to petitioner's address ([email protected]). The action the 2nd respondent is impugned in this Writ Petition.
4. The contention of petitioner is that without issuing any formal notice or conducting a fair inquiry and in violation of principles of natural justice, respondents imposed ban and there is no opportunity given to him to present his defence and to be heard despite sending multiple e mails requesting to furnish a copy of report of the police based on which ban was imposed. According to petitioner, imposing ban is a unilateral decision and violates his rights and undermines the very essence of fairness and transparency in administrative actions.
5. In the e mail dated 14.11.2024 addressed to petitioner by the Secretary of the 3rd respondent - Association, it is informed that enquiry was initiated by the 3rd respondent with the 6th respondent to verify the documentation submitted by Petitioner with the 3rd respondent and based on the findings 3 of the said investigation, the 3rd respondent submitted report to BCCI for appropriate action as per their guidelines, which consequently, imposed ban on petitioner for submitting fake document effective from 04.11.2024 till 03.11.2026 in all tournaments and after completion of ban period, petitioner would be eligible to participate in senior men's tournaments.
6. Petitioner relies upon the guidelines issued by the 2nd respondent. Guideline No. 4 (iii) explicitly mentioned that players who were registered on line by Association concerned in any of the seasons from 2018-19 to 2023-24, need not register again using the "common form". Petitioner being a registered player since 2021-22 season is under the category of "Registered Players" as defined by the guidelines of the 2nd respondent. Thereby there is no necessity for petitioner to undergo any fresh registration process for the subsequent seasons. However, he had provided all the relevant documents to substantiate the same showing his existing registration as Player ID: 18774. Guideline No. 4 is extracted hereunder:-
" 4. Online Registration of fresh and Registered player (men & women) (or 2024-25 season i. As you are aware that the season 2018-19 is the benchmark for all players registration purposes, therefore, a player who is registered online by the concerned Association during the season 2018-19 4 will not have to fill this common form for the subsequent cricket seasons.
ii. Fresh players are those players who are not registered online in the season 2018-19, 2019-20, 2020-21, 2021-22, 2022-23 or 2023-
24. It is mandatory for the concerned association to register only such players by using this "common form".
iii. Registered players - are those players who are registered online in the season 2018-19, 2019-20, 2020-21, 2021-22, 2022-23 & 2023-
24. The concerned association should not re-register these players online by using this "common form" the season 2024-25, if selected to participate in the BCCI Tournaments for the season 2024-2025.
iv. However, every year it is mandatory for each state association to upload online in the "BCCI ODMS Players Online Registration" a covering letter in that specific folder/age group, confirming the list v. However, every year it is mandatory for each state association to upload online in the "BCCI ODMS Players Online Registration" a covering letter in that specific folder/age group, confirming the list of 1-22 seasonOfPlayers who are registered/selected for that season of BCCI and specifically pointing out the fresh players and re-registered players along with their player id available in the BCCT ODMS for the season.
vi. All fresh players who have been granted NOC to play for your Association as a local or guest player for the current domestic season must be registered online by using "common form","
The last-minute ban imposed on petitioner not only lacks legal basis but also disturbs his focus and commitment to the sport, and an unnecessary obstacle was forwarded in the name of "verification" by the 3rd respondent which is made with a motive to sideline promising players who have diligently adhered to the Association's established requirements.
7. Prior to verification of documents of petitioner in 2024, through Commissioner of Police, Hyderabad, the very officer in 2023 had conducted another enquiry on the request of the 3rd respondent into the documents of petitioner on 5 30.09.2023. Petitioner cooperated with the Commissioner of Police, Hyderabad by submitting all the requisite documents and on 07.10.2023, an official report issued vide letter No. SB- HYD/4244/V4/2023 confirming the genuineness of all the Petitioner's documents and in the said letter, it was explicitly stated that all documents are genuine. As against the said report inviting a second verification in 2024 by the 3rd respondent is with a mala fide intention and is by design.
8. Petitioner refused to share Aadhar OTP verification with the 3rd respondent and even otherwise, the demand of the 3rd respondent seeking Aadhar OTP verification is against the guidelines of BCCI so also the Rules and Regulations of the Respondent No.3. It needs to be considered from the guidelines of the 2nd respondent and the Rule and Regulations of the 3rd respondent as to whether both the Associations are empowered to demand Aadhar OTP verification pass-codes from the Players enabling them register with BCCI. It is also needed to be considered as to the consequences that fall upon in the event of players refusing to share Aadhar OTP verification with the State Association and also the 2nd respondent. The second enquiry that is initiated by the 3rd respondent - Association on 6 27.09.2024 is initiated into the alleged discrepancy of petitioner's Birth Certificate along with certain other U-19 men's players registered for Vinoo Mankad Trophy. In the said letter, the 3rd respondent explicitly acknowledged that the office of the Commissioner of Police, Hyderabad had earlier verified and cleared the birth certificate of petitioner as original and had confirmed its authenticity. However, despite this official clearance, the 3rd respondent had imputed petitioner that he was not cooperating in disclosing his Aadhar History claiming that such disclosure is a mandatory requirement for participation in the tournaments conducted by BCCI and State Associations. In fact, there is no such mandatory requirements for sharing Aadhar OTP verification password with that of Respondent No. 3's Association for registration of a player and for participation of player in the tournaments conducted by Respondents 2 and 3. More so, when there are statutory documents that are reflecting the details of date of birth of Petitioner.
9. The letter dated 27.09.2024 issued by the 4th respondent is extracted hereunder:7
" Specifically, with regard to S. No. 7, Chirag Yadav, it should be noted that, following complaints last year, we requested your office to verify the authenticity of his birth certificate in 2023. Your office had cleared it as original (a copy of the letter is enclosed). However, as the player is not cooperating in disclosing his Aadhar history, which is a mandatory requirement for BCCI registration, we suspect that his birth certificate might be fake and request a re-verification of his birth certificate. Given that the team is scheduled to travel on 01.10.2024, we kindly request you to expedite this enquiry at the earliest."
Responding to the requisition given by the 4th respondent, the 6th respondent caused an enquiry and report dated 04.11.2024 is submitted to the 4th respondent. The relevant portion is extracted hereunder:
" Chirag Yadav, S/o Pradeep Yadav r/o H. No. 11-5-553, Red Hills, Nampally, Hyderabad has only one birth certificate and verified with all records of GHMC, Hospital and school. As per the birth certificate vide Reg. No. 544, dt: 08-11-2005 the DOB is 11-10-2005. However, it is revealed that, the family migrated from North India to Hyderabad. The candidate father is not providing any history of his stay nor any supportive documents about their marriage nor any proof of job or employment. Further his career details like his previous play history are not disclosed. The candidate's father is non-cooperative and bluntly refused to provide any further documents in support of his claim. His claim of date of birth 11-10-2005 is highly suspicious and appears to be fake."
10. The contents of the report mentioned supra are inconclusive and no definite opinion and decision can be drawn when the report itself clearly states that date of birth of 8 Petitioner ie 11.10.2005 is suspicious and appears to be fake, is not a definite and conclusive finding given by the Enquiry Officer. And acting upon the said inconclusive and indefinite report, Respondents 2 and 3 imposed the impugned ban which is per se illegal and would defeat the rights of petitioner. Furthermore, petitioner had repeatedly sought for sharing of the report of the 6th respondent, but there is complete silence on the part of Respondents 2 and 3 and no explanation of whatsoever nature is given by both the Respondents 2 and 3 for not sharing the report of the 6th respondent.
11. On 07.10.2023, the 6th respondent verified the documents of petitioner and declared them to be genuine. However, on a second enquiry on 27.09.2024, it is noted in the report that petitioner is not cooperating, is without any substance and the report of the Commissioner is totally silent as to when, where and how petitioner was contacted by Police and asked for necessary information and there was a non- cooperative approach by petitioner. The report of Commissioner of Police is totally silent and on the face of the record, the said report is not definite and conclusive and basing on such report, the action taken by Respondents 2 and 3 in imposing ban on 9 petitioner cannot be sustained and furthermore, it is very clear that he is having only one birth certificate and there is no second birth certificate and no details of any other date of birth other than the one that is registered with the authorities are there. Under these circumstances, it is surprising to see how the Commissioner of Police, Hyderabad came to a conclusion that birth certificate of petitioner is fake.
12. The communication of imposing ban on 14.11.2024 by the 3rd respondent - Association through his Secretary, in the middle of the night at 12:43 AM, demonstrates the hyper-activeness of the 3rd respondent in putting petitioner under pressure and who had to reply to the said e mail on 14.11.2024 at 2:38AM which was made after making repeated efforts for sharing the information by the Respondents basing on which the ban was imposed and the non-responsiveness of the 3rd respondent in furnishing necessary information as sought by petitioner vide e mail dated 08.11.2024 and 14.11.2024 speaks the approach of the 3rd respondent towards the players, thereby leaving petitioner to invoke the provisions of the Right to Information Act, 2005. Even the said Applications ended in refusal by the Public Information Officer of 10 Respondents 2 and 3 - Association. Thus, there is apparent lack of transparency and failure on the part of Respondents 2 and 3 and the said acts on their part are arbitrary and unfair.
13. As per clause 10(i) of the 2nd respondent guidelines for the season 2024-25, specific documents were outlined as mandatory for players of U-19 and U-23 categories for on line registration process; they are Original Birth Certificate, School Passing/Leaving Certificate, PAN Card, Cancelled Cheque and if applicable, the GST Certificate. For address proof, the guidelines provide a choice among several documents namely Valid Passport, Voter ID/Aadhar. From the said guidelines, it is apparent that Aadhar Card is not a mandatory requirement and is listed as one among several acceptable documents for proof of residence and address verification alone. Clause 10 of the guidelines is extracted hereunder:
" 10. Documents to Upload Online along with the Registration Form For under-19 (boys & girls) & under-23 (boys & girls') fresh players following documents must be uploaded along with the registration form.
Under-19 (boys & girls') a. Scanned copy of original birth certificate (Mandatory) b. Scanned copy of original School Passing/leaving certificate (Mandatory) c. Scanned copy of original PAN card (Mandatory) 11 d. Scanned copy of original Address Proof viz. Valid Passport /Voters ID/Aadhaar Card e. Scanned copy of Cancelled Cheque (Mandatory) f. Scanned copy of GST Registration Certificate (if applicable) ii. under-23 (boys' & girls') Scanned copy of original birth certificate (Mandatory) B. Scanned copy of original PAN cord (Mandatory) C. Scanned copy of original Address Proof (Mandatory) viz d. Valid Passport/Voters ID/Aadhaar Card E. Scanned copy of GST Registration Certificate (if Scanned copy of Cancelled Cheque (Mandatory) applicable) a. For senior players (men & women) following documents should be uploaded along with the registration form.
Iii. Senior (boys & girls') A. Scanned copy of original birth certificate OR A. Scanned copy of Education OR Employment OR Residential proof as per BCCI rules B. Scanned copy of original PAN card (Mandatory) C. Scanned copy of original Address Proof (Mandatory) viz. Valid Passport/Voters ID/Aadhaar Card D. Scanned copy of Cancelled Cheque (Mandatory) E. Scanned copy of GST Registration Certificate (if applicable)"
14. The 2nd respondent filed counter contending that BCCI is a Society formed under the Tamil Nadu Societies Registration Act, 1975 for promotion and development in India. And BCCI guided by its Memorandum of Association and Rules 12 and Regulations as approved by the Hon'ble Supreme Court of India, dated 09.08.2018. Rule 2(a) of the BCCI Constitution lays down one of the core principles and objectives of BCCI to ensure integrity of the game of cricket in India. Rule 2(c) empowers the BCCI to tackle various issues of discrimination prevailing in the game of cricket and one of them is age fraud and all through, it is the responsibility of BCCI to ensure that all its tournaments are conducted in a fair environment and no undue advantage can be taken by any player. BCCI vide Circular dated 31.07.2020 bearing No. BCCI/HQ/34(M2)/1787/2020, to eradicate age fraud in cricket, introduced one-time measure ie.
"Voluntary Disclosure Scheme" by which players were encouraged to reveal their actual date of birth before 15th September 2020. If the players did so, they would not be banned and shall be allowed to participate in the appropriate age group tournaments of BCCI and failure to do so will impose ban on player for two years and post-completion of two years ban period, players will not be allowed to participate in the age group tournaments of both the BCCI and State Cricket Association. It is the further case of BCCI that players wishing to participate in the age group tournaments must register 13 himself with the relevant State Cricket Association and required to undergo a TW-3 bone test and shall submit relevant age proof documents with the State Associations. It is the primary responsibility of verifying the age group related documents by the players is that of the State Cricket Association, thereby State Cricket Association must ensure that no tampered or fake Birth Certificate by players. Basing on the police investigation report, Petitioner is banned from participating in BCCI tournaments for a period of 2 years.
15. The 3rd respondent filed a separate counter opposing the Writ Petition contending that on 30.09.2023 the 4th respondent addressed a letter to the 6th respondent to verify the genuineness of the certificates of candidates selected for under-19 cricket team of the 3rd respondent. Accordingly, report was submitted by the 6th respondent to the 4th respondent with a finding that birth certificate of petitioner is not genuine and that the documents viz. Birth and SSC certificates pertain to Cyberabad Police Commissionerate, but other certificates such as Intermediate Certificate, Pan Card, Bank details and Passport are genuine and that UIDAI had refused to give 14 genuineness report in respect of the Aadhaar Card of the Petitioner and so also that of the others.
16. Further case of the 3rd respondent is that, Birth Certificate dated 25.01.2023 issued by Circle No.13 of GHMC is at variance with that of the Birth Certificate of petitioner, therefore, the date of birth of petitioner ie. 11.10.2005 is highly suspicious and appears to be fake. They categorically admitted that in the report dated 04.11.2024, the 6th respondent submitted that petitioner is having only one birth certificate and the said submission is made in the report after verifying all the records of GHMC, Hospital and School and date of birth mentioned is 11.10.2005. Petitioner is not entitled to any notice for conducting enquiry under Clause 16 of the Circular dated 09.08.2024 issued by the 2nd respondent. Respondent No.2 contends that provisions of Right to Information Act is not applicable to them.
17. Similar to the other Writ Petitions No. 33997 of 2024 and 34349 of 2023, the genesis of lis is the requisition of the 4th respondent given to the 6th respondent vide letter dated 27.09.2024 and the report of the 6th respondent dated 07.10.2023. For adjudication of this lis, it is necessary to 15 consider the rules and regulations of the 3rd respondent. The relevant rules and regulations are extracted hereunder:
"1. (A) DEFINITION c. "APEX COUNCIL" is the principal body of the HCA tasked with its governance as set out in Rule 14.
e. "HCA" means "The Hyderabad Circket Association" in Telangana Regd under the A.P.(TA) Public Societies Registration Act, 1350 Fasli (Act 1 of 1350 Fasli) bearing Registration No.207/1961. "CEO" is the Chief Executive Officer of the HCA appointed by the Apex Council as set out in Rule 23.
w. "PLAYER" is any Cricketer past or present registered with HCA or any of its Members as a player and shall Include any person selected in any squad to represent HCA in a Test Match, ODI tour match, Twenty/20 or Junior Tournament Match or any Match conducted by HCA / BCCI in Telangana, India or Abroad."
"CHAPTER-IV GOVERNANCE
14. THE APEX COUNCIL
1. There shall be an Apex Council for the HCA which shall be primarily responsible for the governance of the affairs of the HCA.
2. The Apex Council shall comprise of 9 Councillors of whom S shall be the elected Office Bearers as per Rule 6 and the remaining 4 shall be:
A. One to be elected by the Full Members of the HCA from among their representatives;
b. Two, one male and one female, to be nominated by the Players Association from amongst those of its members who hail from Telangana;
c. One to be nominated by the Comptroller and Auditor General of Telangana from among the serving senior functionaries of the C&AG's office, co- terminus with the nominee's tenure;
"15. POWERS AND FUNCTIONS OF THE APEX COUNCIL
1. The affairs of the HCA shall be governed by the Apex Council and its framework of governance shall:
iv. Ensure a distribution and balance of authority so that no single individual has unfettered powers.
2. The Apex Council shall have all the powers of the General Body and authority and discretion to do all acts and things except such acts as by these rules are expressly directed or required to be done by the General Body. Exercise of such powers, authorities and discretion 16 shall be subject to the control and regulation of the General Body. No regulation shall retrospectively invalidate any act of the Apex Council which was otherwise valid.
3. The Apex Council shall exercise superintendence over the CEO, the Cricket Committees, and the Standing Committees in the discharge of their duties generally, and in particular, in accordance with any general or special direction of the General Body, except for the Governing Council of the TIL which is directly accountable to the General Body.
4. In addition to and without prejudice to the generality of powers conferred directly or by necessary implication under these Rules and regulations and the Memorandum of Association, the Apex Council shall exercise the powers and perform the duties here after mentioned:
D. To institute or defend any action or proceedings for or against the HCA or against any Office-Bearer or employee of the HCA. N. To frame, in consultation with the CEO, rules for the appointment of Managers, Secretaries, Administrative Officers, Peons and other service personnel and staff and for payment to them and other persons in return for their services rendered to the HCA, salaries, wages, gratuities, pensions, honorariums, compensations, any ex-gratia payment and/or provident fund and to regulate discipline by suspending, fining, removing, or dismissing such employees.
Q. To either on its own, of through its delegate, entertain, hear, and decide administrative appeals by employees or other directly affected parties against the orders of the CEO or the Cricket Committees as the case may be.
16. HCA JURISDICTION OVER PLAYERS, MATCH OFFICIALS & TEAM OFFICIALS OF MEMBERS The HCA shall have concurrent jurisdiction and control over Players, Match Officials and Team Officials within the jurisdiction of a Member Such individuals participating in cricket under the aegis of a Member shall be deemed ipso facto to submit to the jurisdiction of the HCA.
17. CONDUCT OF PLAYERS The Apex Council shall have the power to enquire into the conduct of any Player within its jurisdiction and may take such disciplinary action against the Player as the Apex Council may deem fit, which decision shall be final.
18. ENQUIRY INTO CONDUCT OF PLAYERS. MATCH OFFICIALS, ADMINISTRATORS, ETC.
In the event of the HCA enquiring into the conduct of a Player, Match Official, Administrator, etc., the HCA shall proceed in the manner prescribed in Rule 41."
"CHAPTER-V MANAGEMENT 17
23. THE CEO
1. The day-to-day management of the affairs of the HCA shall vest in a full time CEO to be appointed by the Apex Council, who shall be a management professional with management experience of at least 5 years as the CEO/MD of a company with a turnover of at least Rs. 100 crores
2. The CEO shall be assisted by not more than 6 full-time professionals (Managers) who shall be appointed by the Apex Council in consultation with the CEO essentially to govern the streams of finance, technical, infrastructure, law, media, and human resources. The CEO may however realign or re-allot these streams as he deems fit.
3. The eligibility criteria for the CEO and Managers shall be laid down by the Apex Council keeping in mind the following guidelines:
a. Knowledge and familiarity with cricket or other sports; b. Understanding of financial position and fiscal direction of the HCA;
c. Knowledge of operations of cricket administration and overall policy:
d. Clarity on role, division of responsibilities and hierarchy, and e. Familiarity with regulatory and legal responsibilities as well as attendant risks
4. There shall be an appropriate induction process laid down by the Apex Council for the CEO and the Managers, which shall include a fair and transparent process of appointment.
24. THE FUNCTIONS OF THE CEO The CEO shall have the following functions on behalf of the HCA:
1. To implement all the Rules and Regulations made by the Governing Body and the Apex Council as regard to non- cricketing matters.
2. To issue guidelines in respect of travel, accommodation, allowances, etc., to be paid to players, support staff and officials participating in matches, other than international matches.
3. To lease and manage immovable property of the HCA wherever situated, in order to promote the objects of the HCA.
4. To lay down parameters for the laying of grounds for playing the game and to provide pavilion, canteen and other conveniences and amenities in connection therewith.
5. To appoint Team Officials for the teams which shall compulsorily include qualified coaches, managers, physiotherapists, nutritionists, trainers, analysts, counsellors, and medics. However, the Head Coach of each 18 of the State Teams shall be appointed by the Cricket Advisory Committee referred to in Rule-26(2)A (ii) below.
6. To secure Players' welfare to ensure that the logistics manager will arrange for accommodation and travel, to ensure that tickets given to Players for matches will be on par with those given to the Members, and to also ensure that no expenditures towards the game (baggage handling, injury related. Etc.) will be undertaken by the Player, failing which such expenses will be reimbursed to the Player within 30 working days of the requisition being made. Also, to process requests made by Players to make arrangements for the accommodation and travel of their respective wives/partners/family members, wherever permitted.
7. To ensure that all measures are adopted to eliminate any form of racial, communal, caste or other hatred from the game, with stringent action taken against the offenders including the initiation of criminal proceedings.
8. To start and maintain a library of books, periodicals, DVDs, and other databases on Sports in general and Cricket in particular, and to publish journals, books, and other material as well as the official website of the HCA.
9. To produce by itself the Cricket content for telecast of cricket matches and or ceremonies by hiring or owning equipment and hiring necessary crew. Technicians, etc.
10. To publicize the stadium capacity of all stadia across the country with compulsory seat numbers, to provide transparent online and offline ticket booking services with reasonably priced tickets and maximize the access of the public to the games.
11. To provide at stadiums, wholesome and hygienic food and beverages at affordable rates, clean and hygienic rest rooms for all genders and for the differently-abled, adequate fire and emergency entries and corridors.
Sufficient access avenues and wheelchairs for the differently-abled, proper signage, parking, and transport facilities as well as efficient security systems.
12. To arrange and organize the all types of matches in Telangana including BCCI matches to be held in Telangana or for University, Schools, or other tournaments or for any Exhibition matches between members and lor between the Universities/schools/corporates/other institutions/others in Telangana including regulations and bye-laws in respect of travel, accommodation, allowances to be paid to players and officials participating in such matches.
13. To frame guidelines generally for the convenience and ease of day-to-day management of affairs of the HCA.
14. To prescribe guidelines to layout or convert any ground into high quality turf wickets at all levels in all areas of the 19 country and to provide Pavilions, Canteens, Public Conveniences and other amenities with disabled access and suitable signage, especially to involve more Indians in the game of cricket and to encourage participation of all sections of society.
15. To assist the Cricket Committees and facilitate the implementation of their tasks and recommendations.
16. To collate monthly reports concerning the functioning of the various Committees, to create action plans and upload the same on the website of the HCA.
17. To create a database of all cricketers at all levels, maintain records and statistics, track performances and certify age and identity of participants.
18. To take steps to create world class infrastructure at all levels in all areas across the State. To coordinate with State/District and other associations, to conduct tournaments, to provide better access to the public, with particular reference to women and the disabled.
19. To put in place mechanisms to encourage Telangana cricketers to play nationally and internationally and hone their skills so that a wider talent pool is available to represent the state/country.
20. To sign and enter transparently into contracts for and on behalf of the HCA including with third parties and vendors for the purposes of the various Committees of the HCA, and to ensure that in all contracts for television and media rights, the interests of the public remain uncompromised, and full, unhindered broadcasts of all deliveries and their replays are shown.
21. To report to the Apex Council every quarter or as often as required by the Apex Council on the functioning of the management and the progress made in developing cricket in India.
22. To consider the reports of the Auditor, to verify whether Full Members are meeting their objectives and to assess whether cricket is being suitably developed and promoted across the state.
23. To consider all applications for financial aid or any other benevolence to cricketers, Umpires, and administrators as per the rules framed by the General Body in this behalf from time to time and recommend the same to the Apex Council for their approval.
24. To examine all the expenditure exceeding the Budget and to control such outlays as are required for the proper administration of the HCA.
25. To advise the HCA regarding investments.
26. To process requests made for increase in all types of allowances, subventions/subsidies to be paid to the Members, tariff for Coaching Camps, Coaching Subsidies to the Members, allowance to the players for matches of 20 different Trophies and when playing against different sides, both at home and away and to recommend the same to the Apex Council.
27. To do all acts and things which are delegated by the HCA and Apex Council to him, and all other functions as are necessary and expedient to carry out the objects of the HCA as aforesaid including carry on correspondence in the name of the HCA.
41. GRIEVANCE REDRESSAL
1. The types of disputes/differences that form the Ombudsman's ambit and the procedures for redressal are:
A. Member, Association & Franchisee Disputes: Any disputes between or among the HCA, its Members, TTL Franchisees and the Cricket Players' Association shall be automatically referred to the Ombudsman.
Procedure: Both parties would submit their arguments and a hearing would be conducted following the principles of natural justice and exercising all powers of enquiry and hearing as the Ombudsman deems fit before appropriate orders are passed. b. Detriment caused by Member or Administrator: If any Member or any Administrator of the HCA commits any act of indiscipline or misconduct or acts in any manner which mayor likely to be detrimental to the interest of the HCA or the game of cricket or endanger the harmony or affect the reputation or interest of the HCA or refuses or neglects to comply with any of the provisions of the Memorandum and/or the Rules and Regulations of the HCA and/or the Rules of conduct framed by the HCA, the Apex Council, on receipt of any complaint shall issue a Show Cause Notice calling for explanation and on receipt of the same and/or in case of no cause or insufficient cause being shown, refer the same to the Ombudsman. Procedure: The Ombudsman shall, after providing opportunity of hearing to the parties concerned, pass an appropriate order. c. Misconduct or Breach by Others: In the event of any complaint being received from any quarter or based on any report published or circulated or on its own motion, of any act of indiscipline or misconduct or violation of any of the Rules and Regulations by any Player, Umpire, Team Official, Selector or any person associated with the HCA, the Apex Council shall refer the same expeditiously to the CEO to make a preliminary enquiry.
Procedure: The CEO shall forthwith make a preliminary inquiry and call for explanations from the concerned person(s) and submit his 21 report to the Apex Council not later than 15 days from the date of reference being made by the Apex Council. On receipt of the report, the Apex Council shall forward the same to the Ombudsman, who shall call for all particulars and unless it decides that there is no prima facie case and accordingly drops the charge, hearing shall commence on the case and the same shall be completed as expeditiously as possible by providing a reasonable opportunity to the parties of being heard, If, despite due notice, any party fails to submit any cause or submits insufficient cause, the Ombudsman shall after providing reasonable opportunity of hearing to the parties concerned, pass appropriate order In the event any party refuses and or fails to appear despite notice, the Ombudsman shall be at liberty to proceed ex-parte on the basis of the available records and evidence. D. By the Public against the HCA: Where a member of the public is Aggrieved concerning ticketing and/or access and/or facilities at stadia, the same may be brought in the form of a complaint to the Ombudsman.
dure: The Ombudsman would adopt the same procedure as laid down in © above after referring the complaint to the CEO to solicit a report on the complaint.
2. The place of hearing shall be decided by the Ombudsman from time to time. The Ombudsman shall have the power to impose penalties as provided in the Regulations for Players, Team Officials, Administrators, Managers and Match Officials of the HCA.
3. The decision of the Ombudsman shall be final and binding and shall come into force forthwith on being pronounced and delivered.
4. Any Administrator, Player, Match Official, Team Official, Selector or other individual associated with the HCA on being found guilty and expelled by the HCA shall forfeit all their rights and privileges. He or she shall not in future be entitled to hold any position or office or be admitted in any committee or any role on the HCA.
5. A Member or Franchise once expelled, may, on application made after expiry of three years since expulsion, be readmitted by the HCA, provided the same is accepted at a General Body meeting by 3/4th members present and voting.
6. Pending inquiry and proceeding in to complaints or charges of misconduct or any act of indiscipline or violation of any Rules and Regulations, the concerned Member, Administrator, Player, Match Official, Team Official, or other individual associated with the HCA (along with their respective privileges and benefits) may be suspended by the Apex Council until final adjudication. However, the said adjudication ought to be completed within six months, failing which the suspension shall cease."
22
18. The requisition given by the 4th respondent to the 6th respondent is dated 27.09.2024. On the face the record, the contents of the said letter including the name of petitioner giving the reason that "petitioner not cooperating to disclose Aadhar history" is suspicious and doubtful, for one of the reason among many. Petitioner was subjected to verification in 2023 vide letter dated 30.09.2023 and the 6th respondent had given the report on 07.10.2023 wherein it is mentioned that Birth Certificate and SSC Certificate pertain to Cyberabad Police Commissionerate and except the above, all other certificates are found to be genuine. Once the 6th respondent had taken a stand that he cannot make any enquiry in respect of Birth and SSC Certificates which are in the territorial jurisdiction of Cyberabad Commissionerate, it is surprising as to how the second enquiry is taken up as against petitioner. The report dated 04.11.2024 observing the birth of petitioner on 11.10.2025 is suspicious and appears to be fake, cannot be allowed to be sustained. One crucial admission that is mentioned in the report dated 23 04.11.2024 is that petitioner is having only one birth certificate. Thus, it has to be inferred that petitioner is not having two date of births and registered date of birth is vide Registered No. 544 dated 08.11.2005 and the DOB is 11.10.2005. In this scenario, it is not explained by Respondents 2 to 4 as to what was the basis for them to conclude that DOB of the petitioner is fake.
19. The conclusion drawn by the Commissioner of Police cannot be the basis for imposing ban on petitioner. It is not explained by the 4th respondent as why he had chosen the 6th respondent for second verification when the latter had categorically mentioned in the first report dated 07.10.2023 that verification of documents viz. Birth Certificate and SSC Certificate are falling under the territorial jurisdiction of Cyberabad Police Commissionerate. The said acts of Respondents 4 and 6 are questionable. Furthermore, the Registered/administrative office of the 3rd respondent is within the territorial jurisdiction of the Commissioner of Cyberabad. As discussed supra, the report of the 6th respondent No.6 is not conclusive, definite and supported by any oral or documentary evidence that was purported to have taken into consideration during the course of enquiry. On the face of the record, the 24 report does not disclose the details of enquiry and the procedure adopted and which of the officials were examined during the course of enquiry. The report of the police is silent as to what, where and with whom enquiries were made by the Police before coming to the said conclusion. More so, the said report of the police is not accompanied by any documents to substantiate the said conclusion. The report of police is perfunctory and cannot be allowed to be sustained. As a consequence of the same, imposing of ban for two years by the 2nd respondent is without application of mind.
20. Now it need to be seen as to whether the 4th respondent is having power to make a requisition to the 6th respondent for making enquiries against the players registered with the 3rd respondent inter alia the genuineness of the Birth Certificates. Powers of the 4th respondent are stipulated in Rule 24, extracted supra. It is very clear from the intent and language of the said Rule that the 4th respondent or the 3rd respondent does not have power to make requisition to the Commissioner of Police, Hyderabad. The said act is beyond the powers of the4th respondent. It is the Apex Council which is governing body of the 1st respondent under Rule 14 and the 4th 25 respondent has to function under the supervision of the Apex Council and cannot derive his own powers sans the Rules. From the pleadings, it is evident that the Apex Council did not confer any such power on the 4th respondent to make requisition to the 6th respondent and so also, the power to impose ban on the petitioner which is against the guidelines of the 3rd respondent.
21. Under Rule 17, it is the Apex Council alone which is having the power to take action on the erring conduct of a player and not the 4th respondent. Before imposing ban on petitioner, Respondents 2 and 3 should have issued notice/show cause notice calling for explanation and after hearing petitioner basing on the submissions, if any made should have placed the report prepared by him with the Apex Council to take action in accordance with the Rules and Regulations of Respondents 2 and 3. Admittedly, no such process was followed by Respondents 2 and 3 who imposed ban. It is apparent on the face of record that ban imposed by Respondents 2 and 3 is not in accordance with Rule 41(6), as such, the act of imposing ban on petitioner is in violation of the procedure envisaged in the Rule, supra. It is also in the knowledge of Respondents 2 and 3 that petitioner is not playing 26 for the State/HCA for the first time and is a registered player with HCA for considerable time, thereby, Respondents 2 and 3 should have placed the issue, if any with Apex Council before sending requisition to the Commissioner of Police, Hyderabad and the act of imposing ban is illegal, arbitrary and without power and authority.
22. It is an undisputed fact that petitioner is a registered player with HCA and is playing for the State/HCA for considerable time, thereby, the 4th respondent should have placed the issue, if any, with the Apex Council and after seeking permission from the Apex Council should have send the requisition to the 6th respondent. Sending requisition to police is a unilateral action of the 4th respondent sans the power and authority under the Rules and Regulations of the 3rd respondent as such the requisition and so also the report of the 6th respondent are vitiated, illegal and cannot be allowed to sustain. That apart, as per Guideline 20, Aadhar Card is only a proof of place of residence. While so, insistence of the 3rd respondent for sharing OTP from Players is not correct.
23. In view of the above discussion, the Writ Petition is allowed and the ban imposed on petitioner is raised. 27 Respondents are directed to consider the statutory records as per Guideline No. 10 of the 2nd respondent and pass orders in accordance with law. No costs.
24. Consequently, miscellaneous Applications, if any shall stand closed.
-------------------------------------
NAGESH BHEEMAPAKA, J 03rd April 2025 ksld