3479Corrupt, Fraudulent and manipulative practices in Goa Basketball Association
- Jan 14, 2014From: Sandeep Heble
Secretary, Friends of Basketball,
1. Shri Manohar Parrikar, Hon’ble Chief Minister of Goa and President Ex-Officio Sports Authority of Goa
2. Shri Ramesh Tawadkar, Hon' ble Sports Minister
3. Shri Keshav Chandra, Sports Secretary, Government of Goa.
4. President/ Secretary, Goa Olympic Association.
5. Director, Directorate of Sports and Youth Affairs.
6. Executive Director, Sports Authority of Goa.
7. Commissioner, Commissionerate of Customs and Central Excise.
8. Directorate of Vigilance
9. Central Vigilance Commissioner
10. Lokayukta under the Goa Lokayukta Act, 2011
11. C.E.O, Basketball Federation of India
12. President, Goa Basketball Association
13. Director General of Police, Goa
14. Inspector General of Societies, District Registrar North
Subject: Plaint against Shekhar Jain and others responsible for fraudulent, manipulative and other corrupt practices in Goa Basketball Association, for purpose of obtaining favorable personal gains.
Dear Sir/ M’ me,
Your kind attention is drawn to the fraudulent, manipulative and various other corrupt practices which have been carried out by Mr. Shekhar Jain, former office bearer of Goa Basketball Association (GBA); currently Joint Secretary of Basketball Federation of India(BFI) and a Superintendent of Customs and Central Excise(presently posted at Goa):
1. Elections to the Executive Committee of Goa Basketball Association, held on 1st September 2013, were conducted in a fraudulent and manipulative manner by Mr. Shekhar Jain and this was done by him with a malicious and criminal intent to enable him to continue to hold sway and leverage over the game, as has been done by him in the past, without enjoying the support of the vast majority.
2. Though Advocate Prasad Kirtani, a senior and respectable Advocate, had been appointed as Presiding Officer to conduct the elections, the whole process was manipulated by Shekhar Jain to get his own brother and other fellow Customs colleagues elected in key posts.
3. Advocate Prasad Kirtani was neither given the list of eligible members, nor was he given the nomination forms to circulate to GBA members. The nomination forms were selectively given by Shekhar Jain to only few members, which sham process was followed by him to ensure that his brother Nemy got elected as Treasurer and other Customs colleagues Menin D’ Souza, Luis Fernandes and Agnel Fernandes elected as Secretary, Vice President and Member respectively in the new committee.
4. All of them got elected unopposed because of this “match-fixing” completely stage managed by Mr. Jain. The elected Secretary, Mr. Menin DSouza, has in fact been charge sheeted by the CBI in a disproportionate assets case, but this too did not deter Mr. Jain from going through with his manipulative agenda. Mr. Jain, to serve his personal cause, used his position to intimidate others into accepting his way thereby depriving and denying others from filing their nominations.
5. Officers of Customs and Central Excise were allowed to contest the elections, even though few of them were clearly ineligible to do so. While CCS Service Conduct rules 1964 and other Ministry of Sports and Youth Affairs Orders do not permit State and Central Government employees to occupy elective posts in Sports Associations/ Federations for a period of more than one term or 4 years, Luis Fernandes, who has served as an office bearer in the Association for one term previously, was allowed to file his nomination and to get elected unopposed as Vice President in the Association. Luis also happens to be Sports Director of Special Olympics Bharat-Goa, where too he has been involved for many years now.
6. Mr. Shekhar Jain continues to illegally hold on to the post of Joint Secretary in the Basketball Federation of India, even though CCS Rules do not permit him to do that. Mr. Jain has served as an office bearer in some capacity or the other in Goa Basketball Association for more than 15 years and his continuance as Joint Secretary of BFI is a serious violation of the CCS conduct rules.
7. Mr. Jain after manipulating the GBA elections got himself appointed as selector for selecting Teams for Nationals, which is a clear case of “conflict of interest”, since his son also happens to be one of the shortlisted probable. This goes against the principles which have been enumerated in the Olympic charter and the universal principles of good governance in sports and the violation is another instance of how far he can go to meet his selfish ends.
8. In the past too, Mr. Shekhar Jain with ulterior motives and in criminal conspiracy with few others has indulged in several wrongful acts, namely:
a. The renewal of registration before the Office of the Inspector General of Societies was done in a deceitful manner through fabrication of records by showing few members, who were unwilling to toe their line, as being out of station. This was done to mislead the Hon’ble Court of Civil Judge Junior Division at Panaji into giving a favorable Judgment.
b. The Amendment to the GBA Constitution was also done in such a similar fraudulent manner, in criminal conspiracy hatched with few others. The whole justice system has consistently been abused by Mr. Shekhar Jain and few others, which he has done with sole objective of holding on to power and enjoying various perks of office.
c. Due to such criminal, malicious and other fraudulent acts committed by Mr. Jain with few others, the standard of basketball in Goa has fallen precipitously and several young and talented players have left the game.
d. From 2009 to 2013, following the Court Order, Mr. Shekhar Jain whose term had expired, continued functioning as Secretary of the Association illegally, in connivance with certain BFI Officials. In the process and through making false representations, he availed various funds from Private and Government Bodies such as Sports Authority of Goa as well as other perks, going to foreign tour with India Basketball Team as Manager, etc.
e. During this period, players of lesser distinction were promoted to represent Goa and several good players were deprived/ victimized.
f. On many other occasions, no State championships were held, Goa went unrepresented at Zonals, Nationals and other All India Tourneys, thereby depriving hundreds of basketball players their legitimate rights of participating in such championships, availing sports policy marks, representing the state, taking up basketball as a career option, earning a living, etc.
In the light of the gross illegalities and the fraudulent, manipulative and corrupt practices mentioned herein above, it is therefore prayed that:
1. Cognizance of the plaint and other reports such as those prepared by Mr. Elvis Gomes when he was SAG Executive Director, newspaper reports, etc be taken and an immediate, thorough and impartial investigation be carried out. Action against guilty be initiated under laws of the land.
2. Action against Mr. Shekhar Jain and others responsible be initiated under Goa Lokayukta Act 2011, for indulging in corrupt practices, favoritism, nepotism, lack of integrity, abusing and misusing his position to obtain gains and favours for himself and his other associates, causing loss and undue harm or hardship to others, etc.
3. Action under the Prevention of Corruption Act, 1988 be initiated against Mr. Shekhar Jain and others responsible for manipulations, frauds and other corrupt practices.
4. FIR against Mr. Shekhar Jain and others be filed for fabrication of records, abusing the Justice system, misleading the Courts of Law and other unlawful acts committed.
5. The role of Mr. Jain's higher-ups in the Office of the Commissionerate of Customs and Central Excise, in allowing him to function as Secretary, violating CCS Service Conduct Rules, be investigated. Mr. Jain be immediately debarred from continuing further as Joint Secretary in the BFI. Permissions granted to him to be a part of the Association/ Federation as manager or in any other capacity whatsoever, if granted, be withdrawn and no further permissions be granted to him. Disciplinary action be initiated against him for persistently and consistently flouting CCS Service Conduct Rules.
6. The role of certain officials of Basketball Federation of India in perpetuating the various frauds, manipulations and other corrupt practices be investigated.
We hereby state and submit that we are ready to depose before any committee or investigation agency which shall/may investigate the various charges listed herein above, and we shall provide further evidence that may be required and whichever is available before us, to meet the ends of justice.
We have been given to understand that Mr. Shekhar Jain, who has virtually killed basketball in the State and deprived countless youngsters their due and legitimate rights to play and make a career in basketball, has now been appointed as the Manager of the Goa-India Basketball Team. For all that he’s done, appointing him as Manager will be a travesty of truth and justice. Several basketball players are feeling aggrieved, dejected and agitated to hear this news and appropriate measures may therefore be taken to ensure that the Lusofonia Games 2014 is not marred by his presence.
You are requested to take appropriate action as prayed above, and/or any other action which you may deem fit and proper to serve the interest of justice.
Secretary, Friends of Basketball