Santhosh Karunakaran vs Office Of The Ombudsman Cum Ethic ...
2021 Latest Caselaw 12457 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
                WP(C) NO. 16084 OF 2020
PETITIONER/S:

    1    SANTHOSH KARUNAKARAN
         AGED 46 YEARS
         S/O.ADV. J.KARUNAKARAN PILLAI, CRA-209,
         SOUPARNIKA, CHEMPAKASSERRI VALLAKADAVU.P.O.,
         THIRUVANANTHAPURAM-695008.

    2    HARIS CHOORI
         AGED 51 YEARS
         BUSINESS, S/O.C.H.ABUL RAHIMAN, SAJITHA MANZIL,
         PARKKATT, R D NAGAR.P.O., KASARGOD-671124.

    3    SHUKKOOR CHERKALAM
         AGED 50 YEARS
         S/O.MOIDEEN KUNJU HAJI, SHUKKOOR BAUGH,
         CHERKALA, CHENGALA.P.O., KASARGODE-671541.

         BY ADV RAJIT

RESPONDENT/S:

    1    OFFICE OF THE OMBUDSMAN CUM ETHIC OFFICER,
         KERALA CRICKET ASSOCIATION, JAWAHARLAL NEHRU
         STADIUM, KALOOR, ERNAKULAM, REPRESENTED BY THE
         SECRETARY, ADV.K.P.ASHA.

    2    KERALA CRICKET ASSOCIATION(KCA),
         KCA COMPLEX, SASTHANKOVIL ROAD, THYCAUD,
         THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS
         SECRETARY MR.SREEJITH V.NAIR.

    3    JUSTICE(RETD.) V.RAMKUMAR,
         'GOPEEKESAVAM', VEMBULLY LANE, VYTTILA,
         KOCHI-682019.

    4    JUSTICE (RETD.) JYOTHINDRANATH
         THOKILANGADI, KOOTHUPARAMBU POST, KANNUR,
         PINCODE-670643.
 W.P.(C) No.16084/2020
                            :2:


    5     GEORGE OMMEN K.,
          RETIRED DISTRICT JUDGE, KALAMANNIL, 11/281(1),
          CRASH ROAD, VAZHAKALA, ERNAKULAM,
          PINCODE-682030.

    6     PAPACHAN,
          RETIRED DISTRICT JUDGE, PERIGATT ROAD,
          PALARIVATTOM, ERNAKULAM, PINCODE-682025.

          BY ADV SRI.K.N.ABHILASH



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.16084/2020
                                       :3:




                           N. NAGARESH, J.

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                      W.P.(C) No.16084 of 2020

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                Dated this the 18th day of May, 2021

                            JUDGMENT

~~~~~~~~~

Petitioners 1 to 3 are citizens who have made

substantial contributions to the game of Cricket in Kerala.

The Kerala Cricket Association (KCA) initiated enquiry

against the first petitioner on an allegation that he was

involved in instigating cricket players to make a signature

campaign among senior team players against the Captain of

the Kerala Senior Team. The Enquiry Committee submitted

an adverse report against the first petitioner.

2. The second petitioner was a former member of the

KCA and President of the Kasaragod District Cricket

Association. He was in charge of logistics affairs of the KCA

in preparation of the cricket ground of KCA at Kasaragod W.P.(C) No.16084/2020

District. An enquiry was ordered alleging that the second

petitioner committed irregularities in bills and vouchers to the

tune of ₹37,57,647/-. The Enquiry Report was adverse to the

second petitioner.

3. The third petitioner was Treasurer of Kasaragod

District Cricket Association (KDCA). A notice was issued to

him alleging that he did not submit a Statement of Accounts

of the KDCA.

4. The petitioners filed OA Nos.2, 3 and 5 of 2019

before the Ombudsman-cum-Ethics Officer for the KCA. The

Ombudsman set aside the enquiry reports against petitioners

1 and 2 and stalled the pending enquiry against the third

petitioner. The Ombudsman appointed the fifth respondent to

conduct fresh enquiry against petitioners 2 and 3 and

directed petitioners 2 and 3 to pay ₹25,000/- each and the

KCA to pay ₹50,000/- to the fifth respondent towards initial

expenses for enquiry. The Ombudsman appointed the sixth

respondent to conduct enquiry in to the allegations against

the first petitioner. The first petitioner and the KCA were W.P.(C) No.16084/2020

directed to pay ₹25,000/- each to the sixth respondent

towards initial expenses for enquiry.

5. The grievance of the petitioners is that they have

remitted the fees as directed by the Ombudsman but

respondents 5 and 6 are not completing the enquiry

proceedings due to the non-cooperation of the KCA. The

petitioners under such circumstances seek to direct the

respondents to cooperate with the enquiry ordered by the

Ombudsman to be completed in three months, expeditiously,

within two weeks and to direct respondents 1 and 2 to refund

the amount of ₹75,000/- remitted by the petitioners with 18%

interest.

6. The second respondent-KCA filed a counter

affidavit stating that the KCA has paid the amounts as

directed by the Ombudsman and submitted documents in

their support to the fifth respondent. The enquiry is ordered

by the Ombudsman and the KCA has no control over the

enquiry. According to the KCA, in view of the Orders of the

Ombudsman, no proceedings of the KCA is pending against W.P.(C) No.16084/2020

petitioners 2 and 3. Furthermore, elections to the KDCA was

held on 04.01.2021 and new office bearers have been

selected.

7. Heard the learned counsel for the petitioners and

the learned standing counsel for the second respondent-

KCA.

8. Exts.P2 and P3 orders of the Ombudsman

appointing enquiry officers and ordering enquiry against the

petitioners, was passed on 25.06.2019. The direction of the

Ombudsman was to complete the enquiry within three

months. Petitioners 1 and 2 remitted the preliminary fees as

ordered on 09.10.2019 or thereabouts. Still the enquiry is not

completed. It appears that there was a change in the office of

the Ombudsman in the meanwhile as also a change in the

accounting system of the office of the Ombudsman, which

might have caused delay in enquiry.

9. But, the fact remains that the petitioners are put

under an order of enquiry, which is not completed even after

lapse of more than 22 months. The petitioners are persons W.P.(C) No.16084/2020

who have made significant contributions to the cricketing

game. One of them is a former Ranji Trophy Cricketer. The

petitioners cannot be placed under the shadow of enquiry

indefinitely.

10. The appointment of Ombudsman is in the nature

of persona designata. The KCA has a responsibility to

cooperate and take all necessary steps to complete the

enquiry with promptitude, though the enquiry is ordered by

the Ombudsman. The change of Ombudsman or change in

the accounting pattern cannot be a reason to keep the

enquiry pending indefinitely. Keeping the petitioners under a

never ending enquiry, has the effect of keeping them under a

never ending stigma in the eyes of the general public, if not

in the eye of law.

11. In the circumstances, respondents 1 and 2 are

directed to ensure that the enquiry proceedings against

petitioners 1 to 3 are completed within a further period of

three months. Such a long period is given for completion of

proceedings, taking into account the present pandemic W.P.(C) No.16084/2020

situation and lock down. Respondents 1, 2, 5 and 6 will be

free to resort to virtual mode/Video Conferencing also for

conducting enquiry. The second respondent shall bear all

further expenses for the conduct of the enquiry. If the

enquiry proceedings are not concluded within the aforesaid

three months period for any reason not attributable to the

petitioners, then the second respondent shall refund the

amount of ₹25,000/- each paid by the petitioners with interest

@ 9% per annum.

Writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE aks/17.05.2021 W.P.(C) No.16084/2020

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 23.9.2019 IN O.A.NO.2/2019.(ONE PAGE ONLY) EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 25.6.2019 IN O.A.NO.3/2019.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 28.6.2019 IN O.A.NO.5/2019.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATIONS/COMMUNICATIONS DATED 25.5.2020, BETWEEN THE 1ST PETITIONER AND THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATIONS/COMMUNICATIONS DATED 10.6.2020, BETWEEN THE 1ST PETITIONER AND THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P5              A      TRUE      COPY       OF     THE
                        REPRESENTATION/COMMUNICATIONS    DATED

25.5.2020 BETWEEN THE 1ST PETITIONER AND THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P5(A)
                        A      TRUE      COPY      OF      THE
                        REPRESENTATION/COMMUNICATIONS    DATED

10.6.2020 BETWEEN THE 1ST PETITIONER AND THE OFFICE OF THE 1ST RESPONDENT. RESPONDENT'S EXT:

EXHIBIT R2(1) THE TRUE COPY OF THE ORDER DATED 14/3/2019 IN C.A 4235/2014 OF THE HONOURABLE APEX EXHIBIT R2(2) THE TRUE COPY OF ORDER DATED 22/10/2019 IN C.A.4235/2014 OF THE HONOURABLE APEX COURT.

EXHIBIT R2(3) THE TRUE COPY OF THE ORDER DATED 4/12/2019 IN FILING NO.51083 OF 2019 OF THIS HONOURABLE COURT