Prithvi Raj files appeal against `unjust ban’; CASC rejects Rs.5-lakh penalty

Coimbatore, 21 Nov 2019: FMSCI President J Prithvi Raj, issued a statement on 21 November 2019, following the unfair ban imposed on him as Clerk of the Course (CoC). He informed that an appeal was filed by him the Coimbatore Auto Sports Club (CASC) to the Federation of Motor Sports Clubs in India (FMSCI) appellate body.

On Nov 5, a Committee formed to inquire into the incident that happened in Jodhpur where three people died, had banned Prithvi Raj as CoC for three years and said that he should serve only as DCoC after serving the 3-year period. It also said that he would continue to be the President of FMSCI.

The CASC was also penalised Rs 5 lakh and was barred from organising any events outside Coimbatore. CASC said that it is unreasonable to punish them for no fault of theirs and have filed an appeal.

Prithvi Raj, who is also the president of the Coimbatore Auto Sports Club and a veteran of several National and important events said: “I am sharing this statement in my individual capacity, as the CoC of the Indian National Rally Championship (INRC) for the Jodhpur Round.

“As a responsible and senior official of the FMSCI, with over 28 years in the profession in various capacities, including as CoC of innumerable events, I have always carried out my duties with diligence and a sense of responsibility. I have always considered safety and procedure as top priority, never compromising on either of them ever in my life. 

“As CoC of the Jodhpur Rally too, I had ensured that every safety measure was in place and FMSCI Observer too went on the route and approved the stage setup before giving it the green signal.

“So, I disagree with the three-year penalty imposed on me. It is harsh and unfair too, especially as the Council members did not give me any opportunity to present my version nor a copy of the report before passing their verdict. This is against the principles of natural justice. 

“Taking into account everything that has happened before, during and after the Rally, I have decided to appeal against the penalty imposed on me. If nothing, I should be given an opportunity to put forward my case,” concluded Prithviraj. 

Appeal by CASC is given below:

To,

The Members of the Council,

The Federation of Motor Sports Clubs of India, Chennai.

Sirs,

We are in receipt of the FMSCI Enquiry Panel report as modified and approved by the Council of FMSCI on 5th November 2019.

We were shocked and surprised to by the recommendations of the Enquiry Panel and the decision of the Council to impose a monetary penalty of Rs.5,00,000/- on CASC and to ban CASC from organizing National Championship Events outside of Coimbatore till 31stDecember 2022. We hereby place our objections to the same.

Firstly, CASC was never given any notice by the Enquiry Panel or by FMSCI to attend the enquiry conducted by the Enquiry Panel or to send anyone to represent CASC in the enquiry, which notice should have been sent well before the date of enquiry; second, we were never called upon by any show cause notice to express our objections or differences in respect of the recommendations of the Enquiry Panel post enquiry and post report; we have been, as an entity and as member of FMSCI, entirely unaware of the above developments and recommendations.

We further find that the report of the Enquiry Panel reads as if Mr. J. Prithiviraj participated in the enquiry as our representative. That is not correct. We never authorized Mr. J. Prithiviraj or anyone else for that matter to represent us in the enquiry since we had not been called upon to do so. The monetary penalty and the ban have been imposed on us is entirely in violation of principles of natural justice and fair play. As such, the same are not legal and binding.

In light of the above, we request you to withdraw the penalty and ban imposed on us forthwith. In the event of the council failing to withdraw the decision, we reserve our right to seek appropriate remedies.

Awaiting your reply at the earliest.

Truly,

Signed/

(J.Balu)

Hony. Jt. Secretary.