Telangana High Court
Shashank Mehrotra vs The Hyderabad Cricket Association on 3 April, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 34349 OF 2023
O R D E R:
Petitioner seeks to declare the action of the 1st respondent - Hyderabad Cricket Association imposing ban of five years vide letter dated 11.10.2023 on petitioner to play cricket in all formats as arbitrary and against the principles of natural justice. Consequently, a direction is sought to respondents to allow petitioner to participate in the cricket tournaments hosted by the 1st respondent - Association.
2. The brief case of petitioner is that he is representing the 2nd respondent - Club and also India-D team in U-19 one day challenger in 2021-22 and also India-B team in U-19 triangular series. While matter stood thus, the 1st respondent lodged a report with the Police, Uppal under Rachakonda Commissionerate who registered Crime No. 1134 of 2023 for the offences under Sections 417, 468, 471, 474 read with Section 34 of IPC on 09.10.2023. In the said crime, petitioner obtained Anticipatory bail from this Court on 17.11.2023. The basis for the 1st respondent Association to suspend/impose ban on petitioner is the report given by the Commissioner of Police dated 07.10.2023.
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3. The Chief Executive Officer of the 1st respondent filed counter to the Writ Petition opposing the relief sought by petitioner. It is contended that the Association is functioning under the aegis of Board of Control for Cricket in India (BCCI) and it is governed by its Memorandum of Association and Rules and Regulations, 2018. The Chief Executive Officer relied upon Rules 2 and 16 of the Rules and Regulations, 2018 which are extracted hereunder:
" 2. HEADQUARTERS The Headquarters of the HCA shall be located at Hyderabad.
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."
It is the further case of the 1st respondent that on scrutinizing the documents provided by the players including Petitioner, they found certain discrepancies, as such a requisition was made by the Association with the Commissioner of Police Hyderabad vide letter dated 30.09.2023 to verify the genuineness of documents submitted by the players. Basing on the said requisition, the Commissioner seems to have conducted an enquiry and submitted the report to the 1st respondent vide 3 letter dated 07.10.2023 wherein petitioner's name was reflected at Serial No. 5. Relying on the said report, the 1st respondent lodged a report with the police and Crime No. 1134 of 2023 was registered for the offences under Section 417, 468, 471, 474 read with Section 34 IPC. The Association concluded that petitioner submitted a fake birth certificate which resulted in his suspension.
4. Heard Sri P. Raja Sripathi Rao, learned Senior Counsel appearing for Sri Syed Mansoor, learned counsel for petitioner as well as Sri S. Ashok Anand Kumar, learned Senior Counsel on behalf of Sri N. Gangadhar, learned Standing Counsel for HCA and Sri Zeeshan Adnan Mahmood, learned counsel for the 2nd respondent.
5. For adjudication of this lis, it is necessary to consider the rules and regulations of the 1st respondent, relevant of which are extracted hereunder:
"1. (A) DEFINATION 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 4
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 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 5 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
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 6 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 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, 7 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 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.
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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 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.9
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 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 10 (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."
6. The genesis of this lis is the requisition given by the Chief Executive Officer of the 1st respondent to the Commissioner of Police, Hyderabad vide letter dated 30.09.2023. Though this letter was not originally filed along with the Writ Petition, it was furnished by petitioner during the course of arguments and no objection was reported by the Respondents, thereby, this Court is taking judicial notice of the same. On the face the record, the contents of the said letter and list of the names of players to be enquired is suspicious and doubtful, for one of the reason among many, is that the name of petitioner is hand written by pencil/pen as a last name in the list, whereas other names in the letter are typed. Further in the caption of subject of the said letter it is mentioned as 'Request to enquire into the genuineness of certificates submitted by U19 candidates-Regarding'. The requisition letter was issued in view of receiving of some complaints from various sections with regard to the nativity and place of birth and manipulations by the probable players to be selected for Under-19 team of Hyderabad Cricket Association.
7. The purpose and intention of the CEO of the 1st respondent as expressed in letter dated 30.09.2023 is very 11 clear. Petitioner is not eligible and is not in the probable's of under 19 team to be selected as he was 21. Thus, the reason shown in the letter mentioned supra, is not applicable to him. As such, inclusion of his name when he is not eligible for selection of under 19 team and including the name by hand writing is a deliberate and intentional to fix petitioner in the enquiry. Furthermore, in Para 3 of the said letter, it is categorically mentioned that based on the enquiry report, the selection process of Under 19 team would be finalized.
8. It is also doubtful as to whether CEO of the 1st respondent had furnished all the documents pertaining to petitioner. From the aforesaid letter, it is clear that the CEO had furnished xerox copies of the documents of the players mentioned in the letter and since petitioner's name is mentioned in hand writing in the last, it cannot be concluded that relevant documents of petitioner were forwarded to the Commissioner of Police, Hyderabad.
9. Along with the counter, the 1st respondent filed the report of the Commissioner of Police Hyderabad, dated 07.10.2023 wherein the name of petitioner reflected at Serial No.5. In this report, there are two columns "Certificates/Documents found to be genuine" and "Remarks". It is mentioned in both the columns that Documents viz. SSC 12 (TOSS) Certificate, Bank Details and Pan Card are found to be genuine, however, in the remark column, it is mentioned that "Birth Certificate submitted by the candidate vide registration number 6018 is found to be fake". The basis for the said conclusion is as per the records of GHMC Circle No. 12 Khairtabad, the given registration number is in the name of female baby with father name mentioned as K.Ranganath, Mother's name as K.Laxmi Devi, Place of birth as Vijay Mary Hospital, Khairatabad. It is also mentioned that there are no records found in the name of Petitioner and the same was certified by GHMC authorities. In the report of the Commissioner of Police, it is mentioned that genuineness of Aadhar Cards of all the candidates cannot be verified as the UIDAI authorities have stated that genuineness cannot be issued by them. Commissioner of Police, Hyderabad recommends registration of criminal cases against Petitioner and another and that both of them have to be debarred for the next five years. Obliging the report of the Commissioner of Police, the CEO had imposed the ban of five years on petitioner. This act is without application of mind and further creates a doubt in the mind of this Court.
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10. When HCA is performing under the aegis of Board of Control for Cricket, HCA cannot have independent guidelines for imposing ban of five years as against to the ban, if any, of two years. In the instant case, the 1st respondent had imposed a ban of five years, which is against the guidelines and bye-laws of the BCCI. Thus, imposing a ban of five years is arbitrary.
11. That apart, the contents of charge sheet filed in Crime No. 1134 of 2023 is crucial for adjudication of this Writ Petition. From the charge sheet, it is very clear that police had examined the CEO as LWI and did not examine any of the officials namely GHMC officials basing on which Commissioner of police had given his report dated 07.10.2023. Further, the charge-sheet is in complete variation with the contents of the report of the commissioner. As discussed supra, in the remarks column of the report, it is mentioned that details of birth certificate pertains to a baby girl. Charge sheet further reflects that during the course of investigation on 31.01.2024, the investigation officer had received a report from Registrar of Births and Death, Circle No.12, Kharitabad Zone, GHMC, Hyderabad, to the effect that details of petitioner are not available and likewise the management of Vijay Marie Hospital have stated that there are no records available of the date 06.12.2002 in the hospital with petitioner's name. As against 14 the said contents, the police had concluded in the charge sheet that Birth Certificate of petitioner is fake and he cheated HCA. Conspicuously, in the charge sheet, there is no mention about the details of the baby girl as against the details of petitioner as mentioned in the report of the Commissioner of Police. Thus, the report of the Commissioner of Police is not complete and cannot be the basis for drawing adverse inference against him.
12. The conclusion drawn by the Commissioner of Police cannot be the basis for imposing ban on petitioner. First of all, the reason for sending requisition by the CEO to the Commissioner of Police, Hyderabad for enquiry is questionable. The Registered/ administrative office of the 1st respondent is within the territorial jurisdiction of the Commissioner of Cyberabad. As such, what made the CEO of the 1st respondent to send the requisition to the Commissioner of Police of Hyderabad who do not have the territorial jurisdiction is not explained by the 1st respondent. Further, as discussed supra, the report of the Commissioner of Police is not conclusive and is not definite and is not 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 report does not disclose the details of enquiry and the procedure 15 adopted and which of the officials were examined during the course of enquiry.
13. Now it need to be seen as to whether CEO of the 1st respondent has power to make a requisition to the Commissioner of Police, Hyderabad for making enquiries against the players registered with the HCA inter alia the genuineness of the Birth Certificates. Powers of the CEO are stipulated in Rule 24, extracted supra. It is very clear from the intent and language of Rule 24 that CEO of the 1st respondent does not have power to make the requisition mentioned to the Commissioner of Police, Hyderabad. The said act is beyond the powers of CEO. It is the Apex Council which is the governing body of the 1st respondent under Rule 14 and CEO 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 CEO to make requisition to the Commissioner of Police, Hyderabad and so also, the power to impose ban on the petitioner which is against to the guidelines of the BCCI.
14. During the course of hearing, petitioner after seeking the leave of this Court, had placed a copy of the Birth Certificate, issued after filing the Writ Petition and latest by the Mee Seva Centre which is computer-generated which clearly 16 shows the date of birth of petitioner as 06.12.2016 and all other statutory records as mentioned in the report of the Police Commissioner are recorded with the same details. Thus, the report of the Police Commissioner cannot be the basis for imposing ban on petitioner more so when it is not the case of the 1st respondent and Police that petitioner is having two birth certificates with different dates.
15. Under Rule 17, it is the Apex Council alone which is having power to take action on the erring conduct of a player and not the CEO of the 1st Respondent. Imposing of ban by the CEO on behalf of the 1st Respondent is a self-drawn power sans the powers and functions stipulated in Rule 24. Before imposing ban on Petitioner, CEO should have issued notice/show cause notice calling for explanation and after hearing him based 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. Admittedly, no such process was followed by the CEO. It is apparent on the face of the record that the ban imposed by the CEO is not in accordance with Rule 41(6), as such the said act is in violation of the procedure envisaged in the Rule supra. It is also in the knowledge of the CEO that Petitioner is not playing for the state/HCA for the first time and is a registered player with the 17 HCA for considerable time. Thereby, CEO should have placed the issue if any with Apex Council before sending the requisition to the Commissioner of Police, Hyderabad.
. In view of the above discussion, the Writ Petition is allowed and the letter dated 11.10.2023 issued by the 1st respondent is set aside. Respondents 1 and 2 are directed to permit petitioner to play cricket in all formats conducted by the HCA. No costs.
17. Consequently, miscellaneous Applications, if any shall stand closed.
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NAGESH BHEEMAPAKA, J 03rd April 2025 ksld