Point of Law: decision of the Ombudsman shall be final and binding and shall come into force forthwith on being pronounced and delivered.

ORDER :

The petitioner filed this writ petition seeking writ of certiorarified mandamus for quashing the impugned order dated 03.11.2021 passed by the Ethics Officer/Ombudsman of the Andhra Cricket Association (in short ‘ACA’) whereby relinquished the petitioner from the office of Secretary of ACA as being illegal, arbitrary, contrary to the Bye-laws, Rules and Regulations of ACA and violative of principles of natural justice.

2. The 2nd respondent Ethics Officer/Ombudsman of the 1st respondent is a quasi judicial authority which has come into existence by virtue of Justice Lodha Committee reforms. The Hon’ble Supreme Court in Board of Control for Cricket in India Vs. Cricket Association of Bihar and others, (2015) 3 SCC 251, appointed a seven Member Committee headed by Justice R.M.Lodha, former Chief Justice of India to examine and make suitable recommendations on several aspects such as making of amendments to Memorandum of Association of Board of Control for Cricket in India, Rules and Regulations and to prevent frauds, conflict of interests and streamline its work. On 18.12.2015 the Committee recommended appointment of Ombudsman and Ethics Officer. The Hon’ble Supreme Court accepted the recommendations of the Committee and directions were given to Board of Control for Cricket in India (in short ‘BCCI’) to implement the recommendations. Accordingly, amendments were made to the Memorandum of Association and Bye-laws of the 1st respondent and the rules and regulations and Bye-laws were registered. Chapter 8 Rule 43 deals with the appointment of Ethics Officer and his term of the office. Rule 41 deals with transparency. Rule 42 deals with conflict of interest. Rule 43 reads under:

43. THE ETHICS OFFICER

(1) The ACA shall appoint an Ethics Officer at the Annual General Meeting for the purpose of guidance and resolution in instances of conflict of interest. The Ethics Officer shall be a retired Judge of a High Court so appointed by the ACA after obtaining his/her consent and on terms as determined by the ACA in keeping with the dignity and stature of the office. The term of an Ethics Officer shall be one year, subject to a maximum of three terms in office.

(2) Any instance of conflict of interest may be taken cognizance of by the Ethics Officer:

(a) Sumo Motu;

(b) By way of a complaint in writing to the official postal or email address; or

(c) On a reference by the Apex Council;

(3) After considering the relevant factors and following the principles of natural justice, the Ethics Officer may do any of the following.

(a) Declare the conflict as Tractable and direct that:

(i) The person declare the conflict of interest as per Rule 38(3)(a); or

(ii) The interest that causes the person rescue from the conflict be relinquished; or

(iii) the person rescue from discharging the obligation or duty so vested in him or her;

(b) Declare the conflict as intractable and direct that:

(i) the person be suspended or removed from his or her post;

(ii) any suitable monetary or other penalty be imposed; and

(iii) the person be barred for a specified period or for life from involvement with the game of cricket. The Ethics Officer is wholly empowered to also direct any additional measures or restitution as is deemed fit in the circumstances.

Rule 44 reads as under:

44. THE OMBUDSMAN

(1) The ACA shall appoint an Ombudsman at the Annual General Meeting for the purpose of providing an independent dispute resolution mechanism. The Ombudsman shall be a retired Judge of the High Court so appointed by the ACA after obtaining his/her consent and on terms as determined by the ACA in keeping with the dignity and stature of the office. The terms of the Ombudsman shall be one year, subject to a maximum of 3 terms in office.

(2) The ACA shall, in consultation with the CEO frame Regulations regarding the disciplinary and conduct of the Players, Match Officials, Team Officials, Administrators, Committee Members and others associated with the ACA.

As per the procedure, the Chief Executiv