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: justicedverma@gmaiI.com

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: justicedverma@gmail.com

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:justicedverma@gmail.com

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: justicedverma@gmail.com

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: justicedverma@gmail.com