BEFORE JUSTICE DEEP AK VERMA (RETD.) OMBUDSMAN DELHI & DISTRICT CRIC~T ASSOCIATION

MEETING DATED 30.01.2020 AT 2:30 PM TO 4:30 PM ' . . . VENUE: D-19 GEETANJ~I ENCLAVE. 3Rn FLOOR1 NEW DELHI -110017

Appearances:

Sr. No'. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Mr. Ankur Chawla, Advocate - DDCA Mr. Gautam Dutta, Advocate - DDCA Ms. Meenakshi Chatterjee, Advocate - DDCA Mr. Akshay Ringe, Advocate for Mr. Rakesh Bansal Mr. Sanjay Dhawan, DDCA . Mr. Sumit Kumar Siddharth, DDCA Mr. Rohit Bhagat, Advocate for two Complainants Mr. Apurv Jain, Director ofDDCA Mr. J ayant Mohan, Advocate - DDCA Mr. Akshay Sahni, Advocate - DDCA

1. Presence of Ld. Counsel for Parties and the Ld. Representatives of Parties is marked in a

separate sheet annexed hereto, as also reflected hereinabove.

2. Pursuant to the last Order passed by me on 19.01.2020, mails were sent to all concerned

enclosing therewith the Order passed on the said date.

3. I have also been informed that the said Order was thereafter uploaded in the website of

D_DCA on or around 20.01.2020. The same is indicative of the fact that all those, who were

required to remain present for the meeting today before me, had sufficient notice.

4. I have also received some mails said to have been sent by Mr. Ashok Singh levelling certain

allegations and mentioning therein that the Annual General Meeting of the members of

DDCA was not held in accordance with law and it does not reflect transparency.

5. To satisfy myself in this regard, all original papers, registers, minutes books, video clipping

of the Meetings have been examined in presence of all. Only thereafter, I proceeded to deal

with the. various problems and issues faced by DDCA as Ombudsman/Ethics Officer.

Toda)'." it is the fourth Hearing that has been held by me.

6. Mr. Kirti Azad has also sent two mails to me pursuant to the last meeting held by the

Ombudsman. However, he has not justified the reasons to remain absent on 18.01.2020 and

19.01.2020, 'Yhen the matter of Mr. Manjot Kaira was taken up for Hearing.

7. Be that as it may, as and when time comes, necessary Orders with regard to all the players,

who are over age, yet if they are playing in the category of under age would be examined

and necessary action would be directed to be taken by me.

8. It is pertinent to mention here that the Order dt . .19.01.2020 had to be passed looking to

urgency of the matter, which is reflected in the Orders passed by me on 18.01.2020 and

19.01.2020.

9. It may be worthwhile to mention here that even today Mr. Kirti Azad, the Ld. Complainant

is not present before me.

10. Mr. Rohit Bhagat has appeared for Complainants Mr. Ajay Sharma and also Mr. SunilJain,

wi,t:h regard to their complaint against Mr. Rakesh Bansal but prayed for time to argue the

matter for and on behalf of both. As prayed, he did not have sufficient notice and time to

prepare the case. Reply on behalf of Mr. Rakesh Bansal had been filed by email yesterday

and the hard copies of the same has been provide1ito me today.

11. Mr. O.P. Sharma is also not present today. He has sent a letter through Mr. Rohit Bhagat

mentioning therein that he has not received any ·emails or notice from me of the earlier

Hearings or today's Hearing. The same was also sent to me yesterday by Mr. O.P. Sharma

from new email id, apart from the two email ids on which notices were sent to him earlier.

The said mail of Mr. O.P. Sharma was replied immediately by my Office and the previous

Orders were also sent therewith.

12. It is pertinent to mention here that a reference against Mr. O.P. Sharma, Sitting MLA, was

already pending before the erstwhile Ld. Ombudsman Mr. Justice Badar Durrez Ahmed

(Retd.) since 11.12.2019, on the strength of the application made by the Apex Council. The

said reference/ application was sent to him by email also on the same email id which was

given to the erstwhile Ld. Ombudsman. In fact, on the same email id the previous Orders

passed by me were sent to him along with another email id supplied to me.

13. Thus, in the given facts and circumstances it should not lie in the mouth of Mr. O.P.

Sharma to say that he has not received the emails sent by me on earlier occasions, moreso

when they have not bounced back.

14. Not only this, pursuant to the first Notice sent to him with regard to the reference, he

actually appeared through his Ld. Advocate before the erstwhile Ld. Ombudsman and took

time to file reply. Thus his absence today on one pretext or the other is not justified.

15. Mr. ·Rohit Bhagat appearing for the Complainant~ prayed for short time to argue on the

complaints on the ground that his Arguing Counsel Mr. Nitin Mishra, has been held up,

due to variety of reasons and thus was unable to appear today.

16. In the fact and circumstances of the case, and also with an intention to save time and utilize

the same1to maximum arguments of Mr. Ankur Chawla ably assisted by Mr. Gautam Dutta,

Ms. Meenakshi Chatterjee and Mr. Sanjay Dhawan appearing for DDCA have been heard.

17. Similarly, arguments of Mr. Akshay Ringe, Advocate who supplemented the arguments of

Mr. Ankur Chawla for and on behalf of Mr. Rakesh Bansal, have also been heard.

18. In other words, they have closed their arguments and have nothing to add except to what

they have already argued.

19. Even though no plausible reasons or grounds have been made out to grant further time,

either to Mr. O.P. Sharma or to other Complainants to advance arguments on their behalf

through their Advocates but to follow the principles of natural justice and to give a last

opportunity of Hearing, matter is fixed for hearing their arguments on 02.02.2020 at 2:30

PM at D-19, Geetanjali Enclave, 3rd Floor, New Delhi -110017.

20. On the date so fixed, no further adjournment at any cost, would be granted either to Mr.

O.P. Sharma or to Ld. Complainants.

21. It has also been brought to my notice that on account of reference of Mr. O.P. Sharma

pending before me, elections of the President and Treasurer, if any Order is passed, cannot

be proceeded with, as these posts can be filled up.only by elections to be held in EGM's.

22. I have also been informed by Mr. Ankur Chawla Ld. Counsel that holding of EGM for two

different posts is an expensive preposition and amounts of the Association cannot be spent

unnecessarily towards this purpose.

23. It is also t~ inform everyone that each of the email sent to the Ombudsman should also be

marked to DDCA and its legal team.

24. Keeping in view all these facts, the matter is being fixed on 02.02.2020 at 2:30 PM at D-19,

Geetanjali Enclave, 3rd Floor, New _Delhi-110017.

To be posted on 02.02.2020 at 2:30 PM at D-19, Geetanjali Enclave, 3rd Floor, Near Malviya

Nagar Metro Station, New Delhi -110017

Date: 30.01.2020

Place: New Delhi ~-Justice Deepak Verma

Ombudsman

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Justice Deepak Verma (Retd.) Ombudsman / Ethics Officer