Ombudsman's wings clipped

MUMBAI: In what is fast beginning to resemble a nudge-nudge, wink-wink scenario within the cosy corridors of the

Indian cricket board

, the powers that be have pointed out that the office of the

ombudsman

cannot entertain a complaint pertaining to the management and administration of a member of the Board directly addressed to the ombudsman.

In an order dated March 17, 2016 -passed in regard to the matter pertaining to the National Cricket Club (NCC) in Kolkata -the ombudsman has quoted BCCI's response to a complaint against the NCC saying, "The BCCI procedure under Rule 32 (IV) states that only after a complaint is received or suo motu action is taken by BCCI relating to an act of indiscipline or misconduct (on part of its management administrator), can the hon secretary in consultation with the president issue a Show Cause notice calling for an explanation. Thereafter, if no cause or insufficient cause is shown, the Hon Secretary would refer it to the Ombudsman.

"The Ombudsman may then conduct an enquiry and submit a report to the president, which would be placed before the General Body for a final decision. Thus, according to the BCCI, the ombudsman assumes jurisdiction only upon referral (by the hon secretary)." The BCCI-appointed ombudsman (former Delhi High Court Justice) AP Shah had ruled last week with respect to a complaint application against NCC chief KP Kajaria, concluding that he was forwarding the complaint back to the BCCI for its action "on grounds of no jurisdiction". As per the proposed amendments to article 32(4) of BCCI rules & regulation, in December 2015 Annual General Meeting of the BCCI, the ombudsman was given powers within respect to two subjects: a) Conflict of interest, b) Any misdeeds misconduct by any BCCI administrator.

In fact, this currently assumed position of the BCCI -in the matter presently involving the NCC -stands in direct contradiction to what the board had submitted in its 60-page affidavit filed in the Supreme Court earlier this month, in the backdrop of the Lodha Committee recommendations and the apex court's strict view that the recommendations be followed. The affidavit, a copy of which is with TOI, states: 'Appointment of Ombudsman -The BCCI has amended its rules & regulations to provide for the appointment of the Ombudsman at every AGM to deal with complaint of conflict of interest & any act of indiscipline or misconduct or violation of any rules & regulation of BCCI by an Administrator'.

While, on the face of it, BCCI's present position suggests that the very purpose of appointing an ombudsman stands defeated, sources say the ombudsman's office is not taking BCCI's stand at face value right now.

"It is all very well if the BCCI says that a complaint can be referred to the ombudsman only after it has looked into it internally. But what if the BCCI fails to look into it?" says a source. "Will it then be within the ombudsman's purview to look into the matter?"