अवैध निर्णय की भी वैद्यता हुई समाप्त : सचिव ने अध्यक्ष को प्रेषित किया पत्र , कार्यकारिणी के सभी सदस्यों को किया सूचित
अवैध निर्णय की भी वैद्यता हुई समाप्त : सचिव ने अध्यक्ष को प्रेषित किया पत्र , कार्यकारिणी के सभी सदस्यों को किया सूचित ..........
Bihar Cricket Association
SUBJECT : Information in respect to my so-called ‘cease to work’, ‘Suspension’, ‘Sacked’, ‘Erstwhile’
I am obliged to inform you that according to my limited knowledge, the Annual General Body Meeting convened by you on 31st January, 2020 is illegal and against the Constitution of Bihar Cricket Association. Thus any decision taken in the said meeting against me is bad in law. Though, the charges leveled against me by few of the members in the said meeting are unsustainable, however most of the members who alleged to have leveled charges against me have already denied the charges.
EVEN FOR ARGUMENT SAKE IT IS PRESUMENED THAT AN INTERIM PUNISHMENT WARDED TO ME IN THE NATURE OF ‘CEASE TO WORK’ OR ‘SUSPENSION’ OR ‘SACKED’ OR ‘ERSTWHILE’ ETC. IS LEGAL THEN ALSO PLEASE REFER TO THE FOLLOWING PROVISIONS OF THE CONSTITUTION OF BIHAR CRICKET ASSOCIATION:
Rule-10(1)(d) – The President shall, in the event of a vacancy or indisposition of an Office Bearer, delegate the functions to another Office Bearer until the vacancy is duly filled up, or the indisposition ceases.
Rule-17 (9) - Any vacancy in the Committee of Management due to death, resignation, insolvency, unsoundness of mind, nomination to the BCCI or other disqualification shall be filled up for the remaining period:
a. In the case of an elected Executive Member, by elections at a Special General Body meeting of the BCA convened by the Secretary for that purpose within 45 days;
b. In the case of a nominated Executive Member, in the same manner as prescribed for the respective nominee in Rule 17(2) above;
Rule – 45 (6/7) - Pending inquiry and proceeding into complaints or charges of misconduct or any act of indiscipline or violation of any Rules and Regulations, the concerned Member, Administrator, Player, Match Official, Team Official, or other individual associated with the BCA (along with their respective privileges and benefits) may be suspended by the Committee of Management until final adjudication. However, the said adjudication ought to be completed within three months, failing which the suspension shall cease
In view of the aforesaid legal proposition, it is evident that even according to your baseless charges against me and the illegal decision taken in the AGM dated 31st January, 2020, the interim punishment (though illegal) awarded to me in the said meeting shall cease.
Therefore, since today onwards, any correspondence by any authority of Bihar Cricket Association, addressing me as “Suspended”, “Cease to Work”, “Restrained to work” etc. shall amount to defame me and I shall be free to move before competent court for filing defamation case against such person/ authority.
Bihar Cricket Association
Posted on : ( Updated 21-05-2020 )