Bombay HC Upholds Former Under 19 Captain Kiran Powar's Suspension From Cricket For 1 Year
The Bombay High Court has upheld the suspension of former Indian Under-19 captain Kiran Rajaram Powar from involvement in the game of Cricket for a year and from being a part of the governing body of Mumbai Cricket Association.
Kiran Rajaram Powar, brother of former Indian Cricketer Ramesh Powar, had approached the High Court challenging the order passed by the Ethics Officer thereby barring him from Cricket for one year and also from being a part of the governing body of Mumbai Cricket Association.
The bench of Justice S.V. Gangapurwala and Justice R.N.Laddha observed that the decision arrived at by the Ethics Officer cum Ombudsman is not perverse for the court to interfere.
Two allegations were made against the Petitioner-Powar in the Complaint, in a bid to justify that there was "conflict of interest" (i) that subsequent to the Petitioner being appointed as an Apex Council member, his brother was appointed as a Coach for the Mumbai Senior Men's Cricket team and (ii) that the Petitioner was cricket coach in GSC while he was the Apex Council Member.
The Ethics Officer cum Ombudsman allowed the complaint thereby removing him from his post as a member of the Apex Council of MCA.
Advocate Sneha Phene appeared for the petitioner whereas Advocate A.S.Khandeparkar appeared for MCA.
The Court observed that it was not in dispute that the petitioner was an Apex Council Member when Ramesh Pawar was appointed as a Coach. The Court noted that the petitioner after being Apex Council Member, should have made a declaration.
"The Petitioner did not declare his conflict of interest and became the Apex Council Member. The Petitioner did not maintain the transparency as is held by the Ethics Officer cum Ombudsman.", the Court noted.
The Court further noted that "Moreover, being a member of the Apex Council, a person would be in a position of influence in matters of selection as the CIC has to report its recommendation to the Apex Council. In view of the aforesaid facts, it cannot be said that the decision arrived at by the Ethics Officer cum Ombudsman is perverse for this court to interfere."
On the contention of the petitioner that there was no reason to debar him cricket for a period of one year, the Court noted thus "The Ethics Officer has not debarred the Petitioner for life from involvement in the game of cricket but for a limited period of one year. No further penalty is imposed upon the Petitioner though the Ethics Officer had powers to do so under section 39(3)(b)(ii). No further disqualification is also directed against the Petitioner. It cannot be said that the punishment imposed and / or the order passed is shockingly disproportionate for this court to intervene."
Accordingly the petition was disposed of.
Cause Title- Kiran Rajaram Powar v. Mumbai Cricket Association & Ors.
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