Indian Kanoon - Search engine for Indian Law

12. We have heard Shri Salman Khurshid, learned senior counsel, appearing for the appellant. Shri Parag P. Tripathi, learned senior counsel has appeared for the BCCI.

13. Shri Salman Khurshid submits that in the disciplinary enquiry held against the appellant principles of natural justice have been breached. It is submitted that the disciplinary committee never confronted the appellant with the telephone conversation relied by it for proving the charge. The appellant never agreed and was not part of spot fixing nor ever received amount of Rs.10 lakh as alleged. In the match played on 09.05.2013, the appellant played his normal game. There were no loose bowls which is clear from cricket commentary broadcasted on that day.

14. Shri Parag P. Tripathi, learned senior counsel appearing for the BCCI submits that the appellant was given full opportunity by disciplinary committee. Show-cause notice contained the detail of charges and the appellant was asked to reply. The allegations which were made against the appellant that he was part of the spot fixing, that in second over, the appellant was to concede 14 runs and under the deal he shall tuck white towel in his visible pocket which actually he did in his second over is ample proof of his complicity. The conversation dated 06.05.2013 which is brought by the appellant between Jiju Janardhan and Chandresh Patel @ Chand clearly proves that deal was made for spot fixing which was fixed. The appellant in his reply to show-cause has not explained the amount of Rs. 10 lakh as referred to conversation dated 06.05.2013 at 1740 hrs between himself and Jiju Janardhan.

16. Shri Parag Tripathi further submitted that the Discharge Order has no bearing on the disciplinary proceedings which are subject matter of the present petition. It is trite law that proceedings by a disciplinary committee must be treated differently from a trial in a criminal case. It is submitted that there is vast distinction in the scope of inquiry between a criminal proceeding and a departmental inquiry. The question before the Sessions Court was whether appellant is guilty of offences under the aforementioned criminal statutes. On appreciation of the evidence, it may have been open for the Sessions Court to discharge the appellant under those specific statutes. The Sessions Court, however, did not deal with the question whether the appellant is guilty of violating the BCCI Code. In contrast, the scope of inquiry in the disciplinary proceedings initiated by respondent No.1 against the petitioner was entirely different as it was restricted to an examination of whether the appellant had breached the BCCI Code. The clauses which the appellant breached under the BCCI Code are entirely different from the offences under which the appellant had been charged before the Sessions Court. The ingredients required to establish a breach of the BCCI Code are also distinct and separate from the ingredients required to prove offences under the aforementioned penal statutes. Furthermore, in a criminal case, a defendant has a right to remain silent. However, on issuance of the SCN, the appellant had a duty to appear before the disciplinary committee and answer all relevant questions, to the satisfaction of the disciplinary committee.

41. The argument pertaining to proper constitution of disciplinary committee was not raised before the High Court by the appellant at any stage neither in his reply to show-cause nor before the High Court any ground was taken that disciplinary committee was illegally constituted. In this context, we, however, have noted submission made by the appellant regarding Constitution of the disciplinary committee and reply given by the learned counsel for the BCCI regarding constitution of disciplinary committee. The appellant’s case is that on 02.06.2013, Shri Srinivasan stepped down from the office of President, BCCI and one Shri Jag Mohan Dalmia took over as the Acting President. Shri Parag Tripathi replying his submission submitted that although Shri Srinivasan stepped down on 02.06.2013 but the working committee meeting held on 28.07.2013 clearly record that the probe committee has submitted its report that Shri Srinivasan could resume charge as the President of BCCI, Shri Srinivasan was again re-elected on 29.09.2013 as President. We are satisfied that there was no legal impediment in Shri Srinivasan participating in the disciplinary committee in the meeting of 13.09.2013 as President. The appellant having not taken this ground even in the grounds of this appeal, he cannot be allowed to question the constitution of disciplinary committee at this stage. Issue No.5 is answered accordingly.