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Ombudsman summons Ganguly on Apr 20, BCCI says allow him only on full disclosure

Press Trust of India  |  New Delhi 

Justice (Retd) D K Jain has summoned for a hearing on April 20 over an alleged conflict of interest situation arising out of his dual role as Association of Bengal and Capitals

Coincidentally, Capitals are scheduled to play Kings XI Punjab at the Feroz Shah Kotla on April 20.

The (CoA), through Rahul Johri, has requested the "to allow" to continue in his dual role, provided he makes "full disclosures" of his interests.

However, the note also stated that the needs to "examine" Ganguly's dual role as "member of Advisory Committee (CAC)" as well as DC

Three Bengal-based fans -- Bhaswati Shantua, and -- had alleged that Ganguly's duty as a state association is in direct conflict with his role as an of an IPL franchise.

"The parties may appear before the Ethics Officer, BCCI for a personal hearing on 20.4.2019 at 11 am, at New at the venue, which shall be communicated by the BCCI to the parties herein, by email, on or before 19.4.2019," Justice Jain intimated to Ganguly's in an email which is in possession of PTI.

Justice Jain has also summoned Shantua, Seal and Mukherjee for depositions in person as per principles of natural justice.

The former captain, in a written affidavit through his legal counsel, had refuted the charge.

"If the parties fail to appear before the on the said date, it will be presumed that the Parties do not wish to avail of the opportunity of personal hearing, and the shall proceed to decide the Complaint on the basis of the responses of the parties filed by the parties by 20.4.2019," the Ombudsman wrote.

"There is a grey area in the examples of Conflict of Interest stated in the constitution," a said.

Johri in his letter quoted Rule 38(4) of the BCCI Constitution that states that "one individual cannot occupy the posts of "Office Bearer of a Member" and be in "governance, management or employment of a Franchisee" at a single point of time. Therefore, an instance of conflict of interest could be said to have arisen."

At the same time though, the BCCI made it clear that there is no "straitjacket formula which can be applied".

"Therefore, after examining the role and responsibilities of Mr. as of the CAB in conjunction with his role as advisor to the Delhi Capitals franchisee, a decision in this regard may be taken.

"Similarly, Mr. Ganguly's role as a member of the CAC in addition to being an advisor to the Delhi Capitals franchisee may be examined to see whether the conflict of interest is tractable or intractable."

Johri concluded by stating that if full disclosures are made, Ganguly, for his "vast knowledge", should be allowed to continue.

"If it is found that the conflict of interest can be resolved by full disclosure and by direction to the concerned individual to recuse himself from performing such functions vested in him which are in any way connected with or associated with his other role/post, Mr. Ganguly may be permitted to perform all his current roles since his cricketing knowledge and experience is invaluable for the development of the talent and game of

"The BCCI will be guided by any decision taken by your good self on this matter," Johri stated in the mail.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, April 16 2019. 20:20 IST