The Supreme Court held that the Ombudsman’s proceedings lacked transparency and violated principles of natural justice by not providing the appellant with copies of orders and a fair hearing. The subsequent blacklisting by the cricket association, based on these flawed proceedings, was also set aside. The matter was remanded for a fresh hearing.
Facts Of The Case:
The appellant, a former Ranji Trophy player and member of a district cricket association, filed an original application before the Ombudsman of the Kerala Cricket Association (KCA). He sought directions to frame and implement uniform model bye-laws for all district associations, based on the Lodha Committee recommendations, and to ensure elections were conducted in conformity with these bye-laws. The Ombudsman dismissed his application for failure to implead the district cricket associations, despite the appellant’s contention that he was never made aware of the orders directing such impleadment and that the virtual hearings were non-transparent and frequently interrupted. His writ petition and subsequent appeal challenging this dismissal were rejected by the Kerala High Court, which concluded he had concealed material facts. Following this, the KCA issued a show cause notice and subsequently imposed a life ban, blacklisting the appellant from all cricket-related activities and forfeiting his membership rights. The appellant then approached the Supreme Court, challenging the orders of the Ombudsman, the High Court, and the subsequent blacklisting order by the KCA.
Procedural History:
The procedural history began with the appellant filing Original Application No. 10 of 2019 before the Ombudsman-cum-Ethics Officer of the Kerala Cricket Association (KCA). The Ombudsman dismissed this application on October 3, 2020, for the appellant’s failure to implead the District Cricket Associations. The appellant then filed Writ Petition (Civil) No. 28478 of 2020 before a Single Judge of the Kerala High Court, challenging the Ombudsman’s order. The Single Judge dismissed the writ petition on January 27, 2021. Subsequently, the appellant filed Writ Appeal No. 413 of 2021 before a Division Bench of the same High Court, which affirmed the Single Judge’s judgment and dismissed the appeal on June 21, 2021. Following the dismissal of the writ appeal, the KCA initiated disciplinary action against the appellant, culminating in a blacklisting order and life ban on August 22, 2021. The appellant then approached the Supreme Court by way of a Special Leave Petition (Civil) No. 12903 of 2021, which was converted into the present civil appeal.
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Court Observation:
The Court observed that the proceedings before the Ombudsman were non-transparent, as the appellant was never provided copies of critical orders directing the impleadment of District Cricket Associations, violating principles of natural justice. It noted that an earlier order from the Ombudsman had reasonably led the appellant to believe impleadment was unnecessary. The Court further held that the appellant’s application, which sought uniform bye-laws, was not adversarial litigation requiring mandatory hearing for all districts. Consequently, the High Court’s finding of concealment of facts and unclean hands was deemed erroneous. The subsequent blacklisting by the KCA, based on these flawed proceedings, was also set aside.
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