The civil court, which granted an injunction against the Mumbai Cricket Association's (MCA's) decision banning BCCI's game development officer Ratnakar Shetty for five years, observed that a person cannot be expelled for raising a serious issue.
"In my view decision to expel a person for raising an issue of serious nature cannot be in any manner said to be a rational decision", observed Judge S B Agarwal while granting temporary injunction against the MCA's decision to debar Shetty on Saturday.
Shetty, who has served the association in various capacities over the last three decades, was banned by MCA for five years, for raising the possibility of black marketing of tickets of a T20 international between India and Pakistan at Ahmedabad on December 28 last by some of its office bearers.
Further in the order, which was made available to the media today, the court observed that under the rules of MCA, its managing committee cannot expel Shetty.
"I am prima-facie of the view that proper interpretation of (two) rules would lead only to one conclusion that the managing committee has no power to expel (Shetty)," read the order.
The court was also of the view that inquiry against Shetty was held violating the 'principles of natural justice'.
Judge Agarwal observed that no proper show-cause notice was given to Shetty and no personal hearing was given to him.
"It was not mentioned in the show cause notice that an action was sought to be initiated against Shetty and as such in effect it cannot be said that he was called upon to show cause as to why punishment should not be imposed against him", observed Judge Agarwal.
Finally the court observed that despite the 'limited scope of judicial review', the interference of the court is called for.