justice deepak verma · 2020. 9. 8. · justice deepak verma former judge supreme court ofindia 9....
TRANSCRIPT
Justice Deepak VermaFormer Judge
Supreme Court of India
DATE - 08.09.2020
Dear Members of the Apex Council
Namaskar
1. I am in receipt of Emails dated 03.09.2020 and 06.09.2020 (addressed to me from
Secretary, Joint Secretary and Treasurer of HCA) wherein they have stated that no
approval or consent was taken by them, before sending me the Appointment J,etter.
I have also gone through various attachments sent along with your l,etter(s)
mentioned above.
2. In addition to the above, 1 have also perused HeNs Bye Laws (Memorandum and
Rules & Regulations, dated 07.01.2018) and Minutes of Meetings of the i\pex
Council for a better understanding of the issue. After going through Chapter V
(Annual General Meeting) of the Bye I,aws, it is clear to me that the appointment
of Ombudsman is generally done at an Annual General Meeting.
3. However, Section 7 of Chapter IV (Management) of the Rye Laws also makes it
clear that affairs of the Association are to be governed by the A.pex Council and it
shall provide strategic guidance to the Association. Section 7 further makes it clear
that Apex Council shall have all the powers of the Ceneral Body and has discretion
to do all the acts and things on its behalf, to further the game of Cricket. It further
says that such power and discretion shall be subject to control and regulation of the
General Body.
Office: D-19, Third Floor, Geetanjali Enclave, New Delhi-llOOl7Residence: A-16, Second Floor, Geetanjali Enclave, New Delhi-ll0017T: 011 410649921 M: +91 97173935211 +91 93015385081 E: [email protected]
Justice Deepak VermaFormer Judge
Supreme Court of India
4. In light of the above, Apex Council has the discretion to perform and do acts which
it deems necessary for proper functioning of the r\ssociation. It can be ratified later
as the same is under control and regulation of General Body, as mentioned abo\"e.
5. Item 14 (1) of the Apex Council meeting dated 16.03.2020, makes it clear that, a
letter had been sent to me for my approval to act as Ombudsman of HCr\. Relevant
extract of the same has been reproduced below:
1) The consent of the Hon 'ble Justice Deepak Verma, Judge of the
Hon 'ble Supreme Court of India, has been sought for the
appointment ofOmbudsman.
6. In fact, the letter for my approval had been received by me from Mr. R. Vijayanand
(Secretary) himself. After receiving this letter from the Secretary, I had given my
oral consent to the same.
7. Since these are unprecedented times, certain unprecedented decisions also needed
to be taken in proper and smooth functioning of HCr\. In pursuance of the same,
it was resolved in the meeting dated 06.06.2020 that, due to outbreak of
Coronavirus pandemic, it would not be possible to conduct an r\GM as of now and
the decision to conduct the AGM had been deferred till the next date of hearing.
In the same meeting, it was also resolved that it would not be proper to wait for
AGM to be held, for appointment of Ombudsman and that appointment can be
Office: D-19, Third Floor, Geetanjali Enclave, New Delhi-ll0017Residence: A-16, Second Floor, Geetanjali Enclave, New Delhi-ll0017T: 011 410649921 M: +91 9717393521 1+9193015385081 E: [email protected]
Justice Deepak VermaFormer Judge
Supreme Court of India
carried out even now and the ratification can be taken later on, from the General
Body. Relevant extract of Minutes of Meeting dated 06.06.2020 has been
reproduced below:
«8. Appointment or Ombud~'1nanand Ethics Officer
..After di~'cussionsand deliberadol15~ the ..-tpex Council came to an opinion
that Ombudsman and h'thics Officer has to be appointed at the earliest to
resolve many legal issues of the clubs and other matters which has to be
resolved as per the rules, reguladons and guidelines of the flCf! & BCCf
and opined that it is not proper to wait for AGM to appoint
Ombudsman and Ethics Officer and that we can appoint them and
later the same can be ratified in the AGMas we cannot conduct AGM
in the near future in this criticalperiod ofCovid-19.
It is resolved to appoint an Ombudsman and Ethics Officer and get
ratification in the AGM"
8. It is pertinent to mention here that, all the Office Bearers had att~nded the abo\'c-
mentioned meeting themselves and had raised no objection at that point of time. I
fail to understand that, on one hand you are attending the meeting(s) and approving
without objection certain A.gendas, with regard to appointment of Ombudsman and
on the other hand, you are writing to me saying that my appointment is illegal.
Office: D-19, Third Floor, Geetanjali Enclave, New Delhi-ll0017Residence: A-16, Second Floor, Geetanjali Enclave, New Delhi-l100l?T: 01l4lO649921 M: +9197173935211 +9193015385081 E:[email protected]
Justice Deepak VermaFormer Judge
Supreme Court of India
9. It has also been stated in the letter dated 03.09.2020 that no prior apprm'al or
consent was taken from Secretary, Joint Secretary and Treasurer. To this effect, I
would once again like to jog your memory and would remind you that, it was Mr.
R. Vijayanand who had sent me the letter for my consent (to act as Ombudsman of
HC-\) and moreover he along with J oint Secretary and Treasurer were also the
attendees of Apex Council Meeting(s) dated 16.03.2020 and 06.06.2020, wherein
decision with regard to my appointment was taken. No objection had been raised
by any member of Apex Council in the said meetings.
10. Incidentally, I may inform you, that I am sufficiently busy in conducting my
Arbitration matters and I have no allurement for this post, but only with an
intention to augment the game of Cricket and to produce the best Cricketers in the
Country, I have taken this assignment.
11. In light of the above, I would like to make it clear that, there is no illegality in my
appointment as Ombudsman. The decision of my appointment shall be ratified at
the time of next AGM. However, you as a Secretary, Joint Secretary and Treasurer
have no right to question my appointment, more so when you yourself ha\'e
consented and have raised no objection to the same during various i\pex Council
Meetings. Moreover, in light of the Minutes of Meeting(s), mentioned above,
Secretary, Joint Secretary and Treasurer cannot raise the contention that no
approval or consent was taken from them.
Office: D-19, Third Floor, Geetanjali Enclave, New Delhi-ll0017Residence: A-16, Second Floor, Geetanjali Enclave, New Delhi-ll0017T: 011 41064992/ M: +91 97173935211 +9193015385081 E: [email protected]
Justice Deepak VermaFormer Judge
Supreme Court of India
12. I, therefore, request you to refrain from \vriting such mails and letters to me, failing
which appropriate action shall be taken against you. I would like to make it clear
that a written consent has already been provided by me vide my letter dated
02.09.2020, and from that date 1 ha\'e already assumed the charge of Ombudsman.
As mentioned in my appointment letter, I am supposed to visit 2 times per month
to the HCA, however looking at the current situation, it would not be prudent for
me to travel, however for the purposes of any meeting etc., I will be a\'ailablc
through Video Conferencing through any medium suggested by He\.
13. I hope now the issue of my appointment is now dear to everyone concerned.
Regards
~'..Justice Deepak Verma (Retd.)
Ombudsman, HCA
Office: D-19, Third Floor, Geetanjali Enclave, New Delhi-llOOnResidence: A-16, Second Floor, Geetanjali Enclave, New Delhi-llOOnT: 011 410649921 M: +91 9717393521 1+9193015385081 E: [email protected]