Delhi & District Cricket Association's (DDCA) ombudsman Justice (Retd) Badar Durrez Ahmed has ruled suspended secretary Vinod Tihara guilty of "exhibiting misconduct and indiscipline" which was "detrimental to the interest of the association".
The Ombudsman finally delivered his verdict after joint secretary Rajan Manchanda had filed a complaint against Tihara, who was suspended for issuing an illegal circular on August 12, in which he demanded stalling of appointments of professionals and also scrapping of various cricket committees, urging employees not to listen to the instruction of office bearers.
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The Ombudsman, in his judgement, has clearly stated that "firstly no such power or authority has been vested in the secretary of the DDCA to issue the directions. Such power cannot be traced either to Articles or to any Board Resolution".
He also stated: "Secondly, directions are contrary to board resolutions and what is more striking is that he was himself a party to the Board resolutions, which he seeks to annul by virtue of circular dated 12.08.2018."
The board resolution that Justice Ahmed referred to is the one signed by Tihara during a meeting on July 29.
The third observation by the Ombudsman was "a lone member of the Board cannot take law in his own hands and try to bring the functioning of the company to a standstill".
The Ombudsman further stated: "This would be completely against the principle of corporate democracy under which all companies function, where decisions are taken by a majority, which cannot be annulled by a lone member or a minority of members."
Justice Ahmed maintained that Tihara's sole intention was to disrupt the functioning of the DDCA by trying to scrap various cricket and selection committees.
"The specific direction given by Mr Tihara scrapping the Cricket Committees/ Selection Committees was designed to cause disruption in the cricketing affairs of the DDCA. This would clearly be detrimental to the game of cricket. The fact that the circular sought the annulment of all the appointments of CEO etc., amounted to disruption of the Administration of the DDCA.
"The direction given to the employees of the DDCA would tend to create indiscipline amongst the employees and result in a state of anarchy," he stated.