Court stays suspension of DDCA secretary Vinod Tihara
Additional District Judge Vishal Singh said that DDCA misused its powers and granted an interim ex-parte injunction in favour of Vinod Tihara.Updated: Aug 28, 2018 21:12 IST
A Delhi court today stayed the suspension of Delhi & Districts Cricket Association (DDCA) secretary Vinod Tihara by the cricket body earlier this month, terming it as “whimsical and arbitrary act”.
Additional District Judge Vishal Singh said that DDCA misused its powers and granted an interim ex-parte injunction in favour of Tihara.
The court also issued notice to the DDCA and its office bearers and sought their response by September 6.
The DDCA had on August 14 suspended Tihara on charges of bringing disrepute to the organization and attempts to “usurp the power” of the board of directors, only a month after he had assumed office.
In its order, the court today said that the “plaintiff has prima facie case against defendant no.1. The whimsical and arbitrary act of suspension of the plaintiff by defendant no.1 (DDCA) in misuse of its powers merits grant of ad interim ex-parte injunction in favour of the plaintiff.”
“Accordingly, the operation of suspension order (undated) but purported to be dated August 14, issued by DDCA through its Board of Directors is hereby stayed till further order...,” the court said.
It directed the DDCA not to “attempt to restrain or cause obstruction to plaintiff in discharge of his duties and functions as Secretary, DDCA, till further orders”.
The advocate for Tihara had told the court that the suspension was outcome of a conspiracy of the members of the board and that he “did not do anything against the interest of DDCA or in violation of the applicable norms while acting as secretary, DDCA”.
“Beyond the mere bald allegations, defendant (DDCA and others) had no substance against the plaintiff that merited any adverse action against him,” he had told the court.
The decision to suspend Tihara was taken at a meeting where 12 out of the 15 members supported the move alleging that he tried to challenge the functioning powers of president Rajat Sharma.
The decision was taken allegedly after Tihara tried to stop all the appointments sanctioned by the DDCA president following approval from the majority of board members.
“It was a decision taken by the Board of directors. The board has withdrawn all his powers of functioning as he was disrupting the activities of the association. He was giving instructions which effectively usurped the powers of the board,” Sharma said.
Interestingly, Sharma and Tihara fought elections together to defeat former cricketer Madan Lal, who was fronted by the CK Khanna-Chetan Chauhan lobby.
The DDCA president, who is also a noted journalist, had expressed his disappointment that it had to eventually end like this.
He had said that resolutions of August 14 meeting of the board had been handed over to the DDCA ombudsman and as per rules he could take up to six months to give his decision.
First Published: Aug 28, 2018 21:11 IST