Set Back For AICF Secretary As Ethics Committee Orders No Coercive Measures Against Bharat Singh Chauhan

Tamil Nadu Societies Registration Act: In a major setback for Dev A. Patel, Secretary, All India Chess Federation (AICF), the Ethics Committee of the Indian chess body has ordered not to take coercive measures against former Secretary Bharat Singh Chauhan and maintain status quo, as it suspended the two show-cause notices issued to the latter.

Not only that, the Ethics Committee on August 26 also directed Patel to provide the minutes of the meeting in which it was resolved to terminate the existing independent Ethics Committee, as required by law, within a period of 20 days.

“The production of these minutes is also a legal requirement under Section 29 of the Tamil Nadu Societies Registration Act, 1975, wherein it is directed that a copy of the minutes and records of all the meetings should be maintained in the headquarters of the Federation and should be accessible to any member free of cost,” the Ethics Committee noted.

Chauhan, the former AICF Secretary and the President of Delhi Chess Association, had complained to the AICF’s Ethics Committee, challenging the validity and intent behind the two show-cause notices issued by Patel on August 5 and August 19.

In his complaint to the Ethics Committee, Chauhan prayed for quashing the two show-cause notices issued to him; restrain AICF from taking any coercive action against him till the final disposal of the instant complaint, and issue appropriate order/direction staying the operation and effect of the two show-cause notices.

The Ethics Committee in its order said it finds merit in the allegations levelled against the respondent -- AICF Secretary Patel -- and finds the solicited information in the impugned show-cause notices to be within the reasonable domain and access of the incumbent AICF Executive Council.

“Communication records are believed to have undertaken by way of e-mail with FIDE. Most of the solicited documents can be extracted from public records/banking partners through the authority and locus of incumbent executive committee members,” the order stated.

As per the show-cause notices, Chauhan was called upon by the AICF to submit various documents.

Noting that the missing documents are of serious concern and justifies the notices, the Ethics Committee in its order said that AICF Secretary Patel does not have reasonable grounds to pass an interim direction against Chauhan.

In one show-cause notice, the AICF Secretary had ordered Chauhan to refrain from involving in any chess administration activities and maintain status quo concerning chess activities.

The AICF Ethics Committee had said that the interim direction seems to be an outright overreach of those powers and duties and is absolutely disproportionate to the issue cited in the impugned show-cause notice.

“It needs to be established beyond reasonable doubt that the complainant (Chauhan) has deliberately destroyed and/or stolen the records to invoke such strict directions. Furthermore, the impugned show-cause notice dated August 5 is not citing as to what 'inquiry' is being referred to,” the Ethics Committee order noted.

“There seems to be a prima-facie overstepping of the powers of the Secretary beyond the scope of the AICF Constitution, without disclosing the details of 'inquiry' to the complainant despite him seeking the details through his reply and without even furnishing the recorded and approved minutes of the AGM held on July 24.

"There seems to be sufficient reasons to establish prima facie grounds against the respondent (Patel) over his abuse of position, overreaching the tenets of the AICF Constitution and abject procedural impropriety against the principles of natural justice,” the Ethics Committee said in its order.

“The circumstances and proximity surrounding the appointment of A.K. Verma (as Head of Operations, AICF) and the issuance of the impugned show-cause notice dated August 5 raises questions over the intentions and genuineness of the notice as well,” the order said.

Refuting Patel’s contention that the tenue of the Ethics Committee had expired, the committee in its order said: “It is stated that the present Ethics Committee was formed through the Annual General Body Meeting of AICF dated June 10, 2021, and has continued in uninterrupted existence since then.

“It is further noted that neither the Constitution nor the AICF Code of Ethics contains provisions specifying that the Ethics Committee has a fixed tenure that concludes with the election of new Executive Members. Additionally, there is no record of any Executive Body Meeting or General Body Meeting wherein the termination of the Ethics Committee was resolved.”

The Committee has directed Patel to provide the minutes of the meeting in which it was resolved to terminate the existing independent Ethics Committee, as required by law, within a period of 20 days.

Interestingly, the Ethics Committee's speed in issuing the order was like a blitz chess game.

“The complaint was received by this Ethics Committee via email dated August 25 at 11:58 a.m. and was subsequently forwarded to this Committee by the Ethics Committee Coordinator via email dated August 25 at 2:23 p.m.,” the order noted.

The Ethics Committee issued its order on August 26.

“The complaint was received by this Ethics Committee via email dated August 25 at 11:58 a.m. and was subsequently forwarded to this Committee by the Ethics Committee Coordinator via email dated August 25 at 2:23 p.m.,” the order noted.

Article Source: IANS