The High Court · 2025

Order

Petitioner sceks to declare the action of the lst respondent - Hyderabad Cricket Association imposing ban of lrve years uide letLer dated 11.1O-2023 on petitioner to play cricket in all lorma[s as arbitrary and against the principles of natural justice. Consequently, a direction is sought to respondenls to erllow petitioner to participate in the cricket tournaments hosted by the 1"t respondent - Association.

2. The brief case of petitioner is that he is representing the 2"a respondent - Club and also India-D team in U-19 one day challenger in 2O2l-22 and also India-B team in U-19 triangular series. While matter stood thus, the l"t respondent lodged a report with the Police, Uppal under Rachakonda Commissionerate who rcgistered Crime No. 1134 of 2023 for th e offences under Sections 417,468,471,474 read with Section 34 of IPC on O9.1O.2O23. tn the said crime, petitioner obtained Anticipatory bail lrom this Court on 17.11.2023. The basis for the 1st respondent Association to suspend/impose ban on petitioner is the report given by the Commissioner of Police dated 07.1O.2023. ) / 2 l'he Chief Executive Ofhcer of the 1st rer.;pondent

Iiled counter lo the Writ Petition opposing the rclief s rught by petitioner. I1 is contended that the Association is fur rctioning under ther acflis of Board of Control for Crickct in India (BCCI) and it is govtrned by its Memorandum of Associ:rtion :r rd Rules and Regulatrcns, 2018. The Chiel Executive Officcr relied upon Rules 2 and 16 of the Rules and Regulations, 2O18 r,r hich are extracted herr:under: 2, HEADQUARTERS The [[eadquarters of the HCA shall be located ar Hldera]ra l

16. HCA JURISDICTION OVDR PLAYERS, MATCH OFFICIA)',S & TEAM OFFICTALS OF MEMBERS -'tre IICA shall have concurrent jurisdiction alrd c(ntrol over Players. Match Ofhcials and Team Officials \\,rthin the jurisdit tion of a Member. Such individuals participating in cricket undcr the i egis of a Member shall b-- deemed ipso facto [o submit to the juris(li(:tion of he I{CA." It is the further case o[ the l"t respondcnt that on scrutiniZing. tl-re documents provided by the plavers itcluding Petitioner. lhLey found certain discrepancies, as such a requisition was made by the Association with the ComnLissioner of Police Hyclt:rabad uide letter dated 3O.O9-2023 to v:rify the genuineness cf documents submitted by [he plal'crs. B rsing on the said requisition, the Commissioner seems to have cc nciucted anlnquiry and submitted the report to the lsL respondent ulde l letter dated 07.LO.2023 wherein petitioner's name was. reflected at Serial No. 5. Relying on the said report, the 1st respondent lodged a report with the police and Crime No. 1134 of 2O23 was registered for the offences under Section 417, 468, 471, 474' read with Section 34 IPC. The Association concluded that petitioner submitted a fake birth certihcate which resulted in his suspen sion.

4. Heard Sri P. Raja Sripathi Rao, learned Senior Counsel appearing for Sri Syed Mansoor, learned counsel for petitioner as we[[ as Sri S. Ashok Anand Kumar, learned Senior Counsel on behalf of Sri N. Gangadhar, learned Standing Counsel for HCA and Sri Zeeshan Adnan Mahmood, learned counsel for the 2nd respondent.

5. For adjudicatron of this lis, it is necessary to consider the rules and regulaLions of the l"t respondent, relevanl of which are cxlracted hercunder: "1. (A) DEFINATION c. "APEX COUNCIL" is the principal body of the HCA tasked with its governance as set out in Rule 14. e. "HCA" means "The Hyderabad Circket Association" in Telangana Regd under the A.P.(TA) Public Societies Registration Act, 1350 Fasli (Act 1 of 1350 Fasli) bearing Registration No.207/ 1961. "CEO" is the Chief Executive Ofhcer of the HCA appointed by the Apex Council as set out in Rule 23. w. 'PLAYER" is any Cricketer past or present registered with HCA or any of its Members as a player and shall [nclude any person selected in any squad to represent I{CA in a Test Match, ODI tour match, Twenty/2o or Junior Tournament Match or any Match conducted by HCA / BCCI in Telangana, tndia or Abroad. " "CHAPIER-IV GOVERNANC!] I I i I t 4

14. THE APEX :OUNCIL 1 . There s r;1[1 be an Apex Council for the HCA which shall b, r primarily resporrsitrle for the governance of the aflairs of the HCA.

2. The Ap(x Council shall comprise of 9 Councillors o[ \'hom S shall be the elec.€d Office Bearers as per Rule 6 and the remaining .l shall be: A r)ne to be elected by the Full Members of thc HCA [r:m among. I h eir representatives; b. Two, one mak and one female, to be nominated by the Pla]'ers l,ssociation from amongst those of its members who hail from Telangana; c. One to be norlrinated by the Comptroller and Auditor Genera] of I'elangana lrom among t .r: serving senior functionaries of the C&AG s cffice, co- terminus with lhe nominee's tenure; " 15, POWF]RS l.ND FUNCTIONS OF THE APEX COUNCIL

1. The affai|s of the HCA shall be governed by the Apex Corrrcil and its framervr,rk of governance shall; iv. Ensure a dist-ibution and balance of authority so thaL no singlc individual has unfettei-ed ",lwers.

2. The Apex Council shall have all the powers of the Gcncral Bod1, and authoritl and discretion to do all acts and things except surh acts as by thesc rules are expressly directcd or required to be d(,ne b],the General lfodv. Exercise of such powers, authoritres an(l discretion shall be subject to the control and regulation of the (ienera Bocly. No regulati()n shall retrospectively invalidate any act of the np,.x Councll rvhich $ as otherwise valid.

3. The Apex (louncil shall exercise superintendence over the CEO, the Cricket Conrmirt..es, and the Standing Committecs rn thc dischalle of their duties generalll , and in particular, in accordancc lvith anl general or special direction of the General Body. except for the Governrng Cout'rcil )t the TtL which is direct[,., accountable to the General Body.

4. ln addition to and without prejudice to the EteneraUtl rf powcrs conferred directly or by necessary implication undcr these {ules and regulations al]d the Memorandum of Association, thc Apex Corrncil shall exercise the lrowers and perform the duties here after menljouer[: D. To institllte or defend any action or proceedings for or against th: IICn or against any Office-Bearer or employee of the HCA. N. To frame, ir r consultation with the CEO, rules for the appointment of Managers, Sccrctaries, Administrative Olficers, Peons and oth:r service personnel and staff and for payment to them and other persons in return for their sen,ices r endered to the HCA, salaries, wages, gratuities, pensions, honorariums, c,)rnpensations, any ex gratia payment and/or provilent fund and to regulat( discipline by suspending, hning, remo',,ing, or r isrnissing such emplol'ees. Q. To eithc- on its own, of through its delegate, cntertain, rrear, and decide adm rristrative appeals by employees or othcr dire.tl. atfected l parties against the orders of the CEO or the Cricket Committees as the case may be. 16. HCA JURISDICTION OVER PLAYERS, MATCH OFFICIALS & TEAM OFFICIALS OF MEMBERS The HCA shall have concurrent jurisdiction and control over Players, Match Ofhcials and Team Ofhciats wrthin the jurisdiction of a Member Such individuals participating in cricket under the aegis of a Member shall be deemed ipso facto to submit to the jurisdiction of the HCA'

17. CONDUCT OF PLAYERS The Apex Council shalt have the power to enquire into the conduct of any Playei within its jurisdiction and may take such disciplinary action aga'inst the Player as the Apex Council may deem fit, which decision shall be arnal.

18. ENQUIRY INTO CONDUCT OF PLAYERS. MATCH OFFICIALS, ADMINISTRATORS, ETC, In the event of the HCA enquiring into the conduct of a Player, Match Official, Administrator, etc, the HCA shall proceed in the manner prescribed in Rule 4 1." "CHAPTER-V MANAGEMENT

23. THE CEO 1 2 3 The day to-day management of the affairs of the HCA shall vest in a full time CEO to be appointed b1' the Apex Council, who shall be a management professional with management experience of at least 5 y."."L" the aEO/MD of a company with a turnover of at least Rs' 1O0 crores The CEO shall be assisted by not more than 6 full-time professionals (Managers) who shall be appointed bv the Apex Council in consuitation with the CEO essentialty to govern the streams of finance, technical, intrastructure, law, media, and human resources' The CtrO may however realign or re-allot these streams as he deems fit. The eligibility criteria for the CEo and Managers shall be laid down by the Apex Councit keeping in mind the follou'ing guidelines: a. Knowledge and familiarity with cricket or other sports; b- Understanding of hnancial position and ltscal direction of the c. Knowledge of operations of cricket administration and overall Policy: a 'CU.iiy e. Familiarity with regulatory and legal rcsponsibilities as well as on role, division of responsibilities and hierarchy, and HCA; attendant risks 4 There shall be an appropriate induction process laid down by the Apex Councit tor the CEO and the Managers, which shall include a fair and transparent process of appointment'

24.THE FUNCTIONS OF THE CEO I 6 lhe CEO shall have the following functions on beha f oI the l CA: 1 To implement all the Rules and Regulations mrde by the Governing Body and the Apex Council as regard to non- , rrc ketrnB matl ers. 2 To issue guidelines in respect of travel. accor r modation, . allor'vances, etc., to be paid to players, suppor staff and officials participating in matches, other than in ernational matches. I To lease and manage immovable propert]' o the HCA wherever situated, in order to promote the obj,tcts of thc HCA. + 'lo lay down parameters for the laf ing of g ounds for ptaying the game and to provide pavilion, canteen and other conveniences and amenities in connection therewith, i To appoint Team Officials for the teams u-rich shall compulsorily include qualihed coaches, managers, pl.tysiotherapists, nutritionists, traincrs, analysts, counsellors, and medics. However, the Head Coi,ch of each of the State Teams shall be appointed bJ, t )e Cricket Advisory Committee referred to in Rule 26(2)A (iit betorv. rl. To secure Players' welfare to ensure that th,^ 1o€listics manager will arrange for accommodation and travel, to ensure that tickets given to Players for malcl]es u'rll be on par with those given to the Members, and to aiso ensure that no expenditures towards the gam(: (baggagr handling, inlury related. Etc.) will be undertaken bv t1e Pla-!er, failing which such expenses will be reimtru r:,ed to the Plal'er wrthin 30 working days of the requisi-ion be ing made. A1so, to process requests made by PIar er s to make arrangements for the accommodation and tra\cl of their respective wives/ partners/ family members, rrhercver permitted. ''. To ensure that all measures are adopted to elirrinate any form of racial, communal, caste or otller hatre,l fiom the game, with stringent action taken against the offenders including the initiation of criminal proceediugs. li. To start and maintain a library of books, ;crrodicals, DVDs, and other databases on Sports in general and Cricket in particular, and to publish .journals. Looks, and other material as well as the official website of tht HCA. !,. To produce by itself the Cricket content for elecast of cricket matches and or ceremonies by hiring,tr owning equipment and hiring necessary crew. Techniciar is, etc. (t. To publicize the stadium capacity of all staclia rcross the country with compulsory seat nulnbers, t) provide transparent online and offline ticket booking set vices with reasonably priced tickets and maximize the ac( 3ss o[ the public to the garnes. I 1 'lo provide at stadiums, wholesome and hl.gicnu food and beverages at affordable rates, clean and h!'gienic rest rooms for all genders and for the dilferer Ltlr,-abled, l I \ 7 adequate hre and emergency entries and corridors' Sufficient access avenues and wheelchairs for the differently-abted, proper signage' parking, and trarsport facitities as well as efhcient security systems' 12. To arrange and organize the all types of matches in Telangani including BCCI matches to be held in Telangana or for University, Schools, or other tournaments or foi a.ty Exhibition matches between members and lor- between the Universities/ schools/ corporates/ other institutions/ others in Telangana including regulations and bye-laws in respect o[ travel, accommodation, allowances to be paid to players and officials participating in such matches. of day to-day management of affairs o[ the HCA'

13. To frame guidelines generatty for the convenience and ease 14. To piescribe guidelines to lai'out or convert aly ground into trigtr quatity turf wickets at all levels in all areas of the country and to provide Pavilions, Canteens, Public Conveniences and other amenities with disabled access and suitable signage, especially to involve more Indians in the game of cricket and to encourage participation of all sections of societY. 15. To assist the Cricket Committees and facilitate the implementation of their tasks and recommendations' 16- To collate monthly reports concerning the functioning of the various Committees, to create action plans and upload the sarne on the website of the HCA.

17. To create a database of all cricketers at all levels, maintain records and statistics, track performances and certify age and identity of ParticiPants. 18. To take steps to create lvorld class inlrastructure at all levels in all areas across the State To coordinate with State/District and other associations, to condlrct tournaments, to provide better access to the public, with particular reference to women and the disabled

19. io put in ptace mechanisms to encourage Telangana cricketers to play nationally a.nd internationally and hone wider talent pool is available to their skills "o represent the state/country

20. To sign and enter transparently into contracts for-and on ih.t " behal-f of the HCA including wtth third parties and vendors for the purposes of the various Committees of the HCA, and. to ensure that in all contracts for television and media rights, the interests of the public remain uncompromised' .ia fr-.tI, unhindered broadcasts of a[l deliveries and their replays are shown. 21. To report to the Apex Council every quarter or as often as requiied by the Apex Council on the functioning of the management and the progress made in developing cricket in India.

22.To consider the reports of the Auditor, to verit/ whether Futt Members are meeting their objectives and to assess whether cricket is being suitably developed and promoted across the state. I r 8 1l:1. To consider a1l applications for hnancial aid or any other benevolence to cricketers, Umpires, and admini itrators as per the rules framed by the General Bodl in his behalf from time to time and recommend the same tr the Apex ( ouncil for their approval. 1l.l To exam ne all the expenditure exceeding the Eudget and to control such outlays as are requrred [or lhe proper ad m inisl rat ion of the HCA. . a' lo advise Ihe HCA regarding investmenls. 1'(,. To process requests made for increasc in ali tYpes of allorvances, subventions/ su bsidies to be pa d to the Members, tariff for Coaching Camps, Coaching Subsidies to the Members, allowance to the plavers for rratches of different Trophies and when playing againsr different sides, both at home and away and to recommen( the same to the Apex Council. 'i'7.To do all acts and things which are delegated b.. the HCA and Apex Council to him, and all other functicns as are necessary and expedient to carry out the objeitts of the HCA as aforesaid inctuding carry on corresponde nce in rhe name of the HCA-

41. GRIEVANCE REDRESSAI 1 'f he t\.pes of disputes/ differences that form the Omt udsman,s ambit and the procedures for redressal are: A Member, Association & Franchisee Disputesr Anl disputes between or among the HCA, its Members, TTL Frr nchisees and the Cricket Players' Association shall be auto raticallv referred to the Ombudsman. Pror:edur e: Both parties would submit their arguments anci a hearing rvoul<l bc conducted following the principles of natural justice and exercising all powers of enquiry and hearing as the Umbudsman deems fil before appropriate orders are passed. b. Detrin e nt caused by Member or Administrator: [f anr. Merirber or any Adrninistrator of the HCA commits any act of indis ripline or miscondl l(it or acts in any manner which mayor like v to be detrimenr:zrl to the interest of the HCA or the game of c iicket or endanger rhe harmony or affect the reputation or interes[ ol the HCA or refuse s or neglects to comply with any of the provisio rs of the Melnorar dum and/or the Rules and Regulations of the HC \ anrl/or the Rules of conduct framed by the HCA, the Apex Co rncil, on receipt o1 rnl. compl nt shall issue a Show Cause Notice calling for explanaticr and on receipt of the same and/or in case of no cause or insufficic'.r' cause being shor,r,n, refer the same to the Ombudr;man. Procedun:: The Ombudsman shall, after providing oppor unit.r. of hearing t, ) the parties concerned, pu"" u., orclcr. "pp.op.iatJ 9 ' ":l;m c- Misconduct or Breach by Others: In the event of any complaint being received from any quarter or based on any report published or circulated or on its own motion, of any act of indiscipline or misconduct or violation of any of the Rules and Regulations by any Team official, Selector or anv person associated with ;i;;;;, il;;, irr] Ucn, tire ape" Council shall refer the same expeditiously to the CEO to make a Preliminary enquiry' Procedure: The CEO shall forthwith make a prcliminary inquiry and from the concerned person(s) and submit his ;;ii;;;;pi.""tions ."prri ,t tir. ep.* Council not later than 15 days from the date of ."i..L".. being made by the Apex Councit on. rec^eipt of the report' ;" A;.* Couicil shall fo.*,td th" same to the Ombudsman' who shall call for all particutars and unless it decides that there is no pii-" f^.i" case and accordingly drops the- charge' hearing shall -the same shatl be completed as commence on the case and as possible by providing a reasonable opportxnity to the o.itl." of Ueing heard, tf, despite due notice' any parly fails to submit "-p"alii"""fv its insufficient cause, the ombudsman shall a[ter ;;;;;;"-;; nrovidins reasonable opportunity o[ hearing to the parries roncerned' o.a.. i. the event anv partv rcluses and .r fails to ;;";;;;t;;;';;. I.,.,.^. a..oit" notice, the Ombudsman shall be at Iiberty to proceed .liprtt. on the basis ot the available records and evidence' D. By the Public against the HCA: Where a member of the public is Aggrieved concerning ticketing and/or access "r-" -rJ' be broulght in the form of a complaint to the ",?a*, Ombudsman. Jr..' if-r. Ombudsman would adopt the same proc,edure as laid down orr" after referring the complaint to the CEO to solicit a report i.,'-g "t on the complaint. z.- itt. pfJ.. of hearing shall be decided by the Ombudsman from - tlrne'to time. The Ombudsman shalt have the porver to impose provided in the Regulations for Team p."lfil" Ofhciats, Administrators, Managers and Match Otficials of the HCA. 3. The decision of the Ombudsman shall be final and binding and shall come into force forthwith on being pronounced and deliwered. 4- Any Administrator, Player, Match Officiat' 'Team Official' Selector or other individual associated with the HCA on being found guilty anJ expettea by the HCA shall forfeit all their rights and Oa"rce,r: He oi she shall not in future be entitled to hold any fu"itiJn o. oflice or be admitted in any committee or any role on the HCA. 5. A Member or Franchise once expelled' may'-on application made " expiry of three years sincj expulsion' be readmitted by the ftCn, p-ria"a the same is accepted at a General Body meeting by "iter 1/4rh members prescnt and volin8. o ii"ai.g l"q"iry and proceeding in to complaints- or charges o[ " rni".o.tir.,'or any act of indisciptine or violation of arry Rules and n.grfrtlo.,", the concerned Member, Administrator' Player' Match official, or other individual associated with the IICA iiiFJ,-r."* facilities at -Players' -and/or ,ft. "" I i 10 (along with their respective privileges and benefit;) may be susoended b-y the Apex Council until frnal adjudicatior L. However, the siard adjudication ought to be completed within s.ix months, lailing rvhich the suspension shall cease."

6. Thc genesis of this lis is the requisition giv,:n by the Chief ExecrLtive Ofhcer ol the 1st respondent to the Commissioner of Police, Hyderabad uide lette r dated 3O.O9.2O23. 'lhough this letter was not originally fi.ed along with the Wr t Petition, it was furnished by petitioner drlring the course of arquments and no objection was reporter I by the Responden tsr, thereby, this Court is taking judicial notice of the same. C)n thc face the record, the contents of the said l:tter and list of I he n a mes of players to be enquired is suspic ious and doubtful, for ,rne of the reason among many, is that thr name of petitioner is han<i written by pencil/ pen as a last nar:re in the 1ist, u,hereas rther names in the letter are typed. Furth er in the caption of sr r :rject of the said letter it is mentioned as 'Request to enqurre ir,.tc the genuineness of certilicates submitte,l by U19 candidate s- Fl.t:gzrrding'. The requisition letter was issr-e,l in view of receiving ,lf some complaints from various sections with regard to thr: n:rtivity and place of birth and manipulzrtions by the probabl,: plavers to be selected for Under-19 team of Hydera had C ricket Association.

7. respondent Thc purpose and intention of the CEO of the lsr expressed in letter dated 30.09.2O23 is very tS J clear. Petitioner is not eligible and is not in the probable's of under 19 team to be selected as he was 21. Thus, the reason shown in the letter mentioned supra, is not applicable to him' As such, inclusion of his name when he is not eligible for- selection of under 19 team and including the name by hand writing is a deliberate and intentional to hx petitioner in the enquiry. Furthermore, in Para 3 of the said letter, it is categorically mentioned that based on the enquiry report, the selection process of Under 19 team would be finalized ' 8 It is also doubtful as to whether CEO of the l't respondent had furnished all the documents pertalnlng to petitioner- From the aforesaid letter, it is clear that the CEO had furnished xerox copies of the documents of the players mentioned in the letter and since petitioner's name is mentioned in hand writing in the last, it cannot be concluded that relevant documents of petitioner were forwarded to the Commissioner of Police, Hyderabad. Along with the counter, the 1"t respondent filed the g . report of the Commissioner of Police Hyderabad, dated O7.1O.2O23 wherein the name of petitioner reflected at Serial two columns report, there are No.5. In "Certj,ficdtes/ Documents found to be genuine" and "Remarks"' [t is mentioned in both the columns that Documents viz' SSC 1 (TOSS) Certifrcate , Bank Details and Pan Card are found to be genuine, horvever, in the remark column, it is menticned that "Birth CertifLr:ate submilted by the candidate vide re6'istration number 6() I 8 is found to be fake". The basis for the said' conclusion si as per the records of GHMC Circle No. 12 Khairtabad, thc given registration number is in the name of female babl u,ith father name mentioned as K.Ra:-rganath, Mother's narne as K.Laxmi Devi, Place of birth as Vi ay Mary Hospital, Kh a ireltabad. It is also mentioned that thcrr: are no 'was records founrl in the name of Petitioner and thc sr rme ccrtificd br, GIIMC authorities- In the report of the Commissior-r,:r' of Police, it is mentioned that genuin:ness of Aadhar Carrtsr of all the candidates cannot be verifie:l as the UIDAI authrrrities have stated that genuineness cannot be issued lry them. Commissioner of Police, H1.'derabad recommends registration of criminal cases against f'etitioner and another zrnd that both of them have to be debarrerl for the next hve years. Obliging the report of the Commissioner of Police, the CEO had imposed the ban of five years on p,'titioner. This act is rvithout application of mind and further ( reates a doubt in the mind of [his Court. * 1i

10. When HCA is performing under the aegis of Board of Control for Cricket, HCA cannot have independent guidelines for imposing ban of five years as against.to the ban, if any, of two years. In the instant case, the l"t respondent had imposed a ban of five years, which is against the guidelines and bye-laws of the BCCI. Thus, imposing a ban of live years is arbitrary.

11. That apart, the contents of charge sheet hled in Crime No- 1134 of 2023 is crucial for adjudication of this Writ Petition. From the charge sheet, it is very clear that police had examined the CEO as LWI and did not examine ..ry oi th" officials namely GHMC officials basing on which Commissioner of police had given his report dated 07.10.2O23. Further, the charge-sheet is in complete variation with the contents of the report of the commissioner. As discussed supra, in the remarks column of the report, it is mentioned that details of birth certihcate pertains to a baby girl. Chaige sheet further reflects that during thc course of investigation on 31.01 .2024, ttle investigation officer had received a report from Registrar of Births and Death, Circle No. 12, Kharitabad Zone, GHMC, Hyderabad, to the effect that details of petitioner are not available and likewise the management of Vijay Marie Hospital have stated that there are no records available of the date

06.12.2002 in the hospital with petitioner's name. As agains[ l4 the saicl contcnts, the police had concluded in thc chargc sheet that Birth Certiflcate of petitioner is fake and he chea l-ed HCA' Conspicuou:;11,, in the charge shcet, there is no menti.)n about the details oi the baby girl as against the details of petrtioner as' mentioned i I the report of lhe Commissioner o[ Polir e. Thus, the report of the Commissioner of Police is not complete and cannot be th e basis for drawing adverse inference again st him.

12. Ihe conclusion drawn by the Commis:rioner of Police cannc't bc the basis for imposing ban on petitio.rer- First of all, the r eason for sending requisition by the Ctrr:) to the Commissioner of Police, Hyderabad for enquiry is ques'tionable. The Registerr:d/ administrative office of the L'r respr:ndent is within the tcrritorial jurisdiction of the Commissioner of Cyberabad. As such, what made the CtrO of thc 1st re';pondent to send th,: requisition to the Commissioner of r)olice of Hyderabad r ho do not have the territorial jurisclictir,n is not explained bv the lst respondent. Further, as discusst'd supra, the report ol :he Commissioner of Police is not conclusjtze and is not definite eLnd is not supported by any oral or docr Lmentary evidence thirl was purported to have taken into consideratron during the :.rurse of enquiry. On the face o[ the re;ord, the report does -rot disclose the details of enquiry and the procedure ,d 15 adopted and which of the ofhcials were ' examined during the course of enquiry. Now it need to be seen as to whether CEO of the 1st 13. respondent has power to make a requisition to the - Commissioner of Police, Hyderabad for making enquiries against the players registered with the HCA inter alia tlne genuineness of the Birth Certificates. Powers of the CEO are stipulated in Rule 24, extracted supra. It is very clear from the intent and language of Rule 24 Lhat CEO of the 1st respondent does not have power to make the requisition mentioned to the Commissioner of Police, Hyderabad" 'The said act is beyond the powers of CtrO. It is the Apex Council which is the governing body of the 1'r respondent under Rule 14 and CEO has to function under the supervision of the Apex Council and cannot derive hrs own powers sans the Rules From the pleadings' it is evident that the Apex Council did not cdnfer any such power on the CEO to make requisition to the Commissioner of Police' Hyderabad and so also, the power to impose ban on the petitioner which is against to the guidelines of the BCCI' During the course of hearing, petitioner after 14- seeking lhe leave of this Court, had placed a copy of the Birth Certificate, issued after filing the Writ Petition and latest by the Mee Seva Centre which is computer-generated which clearly f t6 shows the dir:e of birth of petitioner as 06.12-2016 and all other statuton, rccords as mentioned in the report of tl Le Police Commrssion:r are rccorded with the same dctails. Thus, the report of Lht: Pohce Commissioner cannot be the rasis [or' imposing bar on pelitioner more so whcn it is not Lh,: case of the 1.t re spondent and Police that petitioner is having -u'o birth certificates \ rilh different dates.

15. Ijnder Rule 17, it is the Apex Council alone which is having power to takc action on the erring conduct o1 a player and not the (ltrO of the lst Respondent. Imposing of bzrn by the CEO on behrrlf oi the 1sr Respondent is a self drar.vn powcr sans the por.r'ers arrd functions stipulated in Rule 24. Before rmposing L ban on Petilioner, CtrO shoulcl have issued notice/show cause notice callin g for explanation and after hearing him I rascd on the submissi,rns, if any made should have placed tI Le rcport prepared br him with the Apex Council to takc r:ction in accordance v;ith the Rules and Regulations. Admrtledly, no such process was followed by the CEO. It is apparert on the face of the record that the ban imposed by the CEO .s not in accordance ',vith Rule a 1(6), as such the said act is in violation of the procedure envisaged in the Rule supra. It is al:;o in the knowledge c f the CEO that Petitioner is not playing lor the state/HCA fir;-the first time and is a regisLered pla1.e1 .ri,n tn" t7 HCA for considerable time. Thereby, CEO should have placed the issue if any with Apex Council before sending the requisition to the Commissioner of Police, Hyderabad.

16. In view of the above discussion, the Writ Petition is- allowed and the let[er dated 11.10.2023 issued by the l"t respondent is set aside. Respondents I arrd 2 are directed to permit petitioner to play cricket in all formats conducted by the HCA. No costs t7. Consequently, miscellaneous Applications, if.any shall stand closed //TRUE GOPY// - -SD/-T.TIRUM DEVI DEPUWREG TRAR SECTION OFFICER To I glrEE]ft$$iffi*,nffi #*}ffiui'"%il*1"'n'rirrr'3r*:?'*

2. 3. 4. 5. Two CD CoPies K. PS LS {$ E:iT4 Ie ( cd 10 uB zuzs t Dr. ,,a i Cr{ gO + z a s HIGH COURT DATED:0310412025 ORDER WP.No.34349 of 2023 ALLOWING THE WRIT PETITION WITHOUT COSTS ,\t \ VK