Mumbai, Jan 29 Former secretary general of the Boxing Federation of India, Jay Kowli has claimed that a division bench of the Bombay High Court has quashed and set aside his suspension by the federation in 2021.
Kowli informed that the division bench of Justices Ms. Revati Mohite Dere and Ms. Neela Kedar Gokhale of Bombay High Court's Mumbai bench quashed and set aside the Boxing Federation of India's Suspension Order against him.
In their order the Division Bench very clearly stated, “In the present case, where the sanction being of penal nature and open-ended giving rise to prejudicial consequences to the Petitioner, we are of the view that in the fact of this case, a personal hearing ought to have been afforded to the Petitioner,” Kowli informed in a release on Wednesday.
"In consonance with the settled position of law, we hold that considering the prejudicial consequences of the debarment order passed against the Petitioner, personal hearing ought to have been acceded to by the Respondent before reaching a finding of guilt of the Petitioner. Clause Z-A (3) provides as much and when the constitution specifies a certain thing to be done in a certain manner, it should be done in that manner or not at all,” the bench ruled.
"In view of the aforesaid discussion, we have no hesitation in quashing and setting aside the findings and recommendation of the Dispute & Disciplinary Commission dated 8th January 2022, the Resolution passed by the Executive Council in its meeting dated 10th January 2022 relating to the suspension of the Petitioner and the Order dated 20th January 2020 debarring the Petitioner from any boxing activities in the Respondent No.3 Federation and its allied units and they are accordingly set aside."
Lastly the Bench also added, "After the judgment was pronounced, learned counsel for the Respondent No. 3 (BFI) requests for stay of the order passed today. Considering the findings recorded in the order the request is rejected."
The BFI executive council suspended Kowli, who served as secretary general from September 25, 2016, to February 2, 2021, claiming misconduct and violation of its regulations after he developed a difference with President Ajay Singh.
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