Easy Office

Articleship transfer

This query is : Resolved 

14 June 2017 I am in my first year articleship and recently been diagnosed with medical ailment. First i requested my principal to grant me transfer without making him know about my medical condition as we belong to same community and didnt want to disclose my ailment. After constant rejection for transfer i gave up and showed him my reports The office environment is not comfortable for my health and i need a transfer. He has now stopped responding to my calls and mail. I am not able to attend office as i am not well since past 10 days. What should be done now ?

15 June 2017 which part of India you belong to?

15 June 2017 "Disclosure" is a very important and fundamental nature of CA profession. For your personal fear, you did NOT disclose your ailment with your Principal. Please note that now your Principal has every reason to believe that you are manipulating the facts.......
So?.... Be in touch with your principal with some responsible person accompanying you and explain your situation along with an APOLOGETIC note




15 June 2017 Is it there any action that my principal can take against me?

15 June 2017 My parents did talk with him and i provided him with original reports. He has taken my transfer form but hasnt returned yet.

15 June 2017 All the best. He will do it. Have patience. Till that time, please learn to accept your MISTAKE.
Please dont be afraid of any disciplinary action being taken by your principal. The only action he can take is either ACCEPT your transfer or REJECT.
In case he rejects it, contact the nearest ICAI chapter/branch/regional office (that is the reason, I asked you "which part of India you belong).....whichever part....let it be.... keep in mind that in case of rejection, you need to contact the nearest branch/chapter/regional office and tell them your grievance. You will get the transfer provided it fits well into the transfer rules of ICAI. Keep in touch for any further assistance.

15 June 2017 Thank you Amol sir for your guidance

16 June 2017 you are always welcome.




17 June 2017 My principal is not responding to calls and e mails . I am not well so not abke to attend office. He has taken my transfer form in which i had put my initials but he hasnt and still the form is with him. He hasnt returned it signed.

18 June 2017 Forget it. Now you need to contact the ICAI officiais.......... can you please tell where are you from? so that I can help you in a better manner

18 June 2017 I am from Mumbai

19 June 2017 Should i take my reports and show icai for first year transfer issue?




19 June 2017 yes. Make a representation letter and if required submit it to WIRC.

19 June 2017 What is a Representation letter over here ?

20 June 2017 letter stating the representation from your side. (that you need a transfer within first year of articleship.......as per ICAI regulations, I informed my intention to Principal CA xxxxxx........he has declined to attend my e mail, call etc......write in full so that one can understand that you were more on right and innocent side and your principal was more on adamant side....... under these circumstances I am forced to take the help of ICAI officials and hence this representation.....etc etc.....)




20 June 2017 Ok. Thank you sir. I posted my grievance on e sahyaata but they stated that transfer can be taken with mutual consent only

20 June 2017 01. make the difference between transfer VERSUS termination/cancellation.
02. Also write a letter to e sahayata as what is the remedy in case MUTUAL consent is not possible.

23 June 2017 Dear sir ,I am in my first year articleship and diagnosed with medical ailment. After satisfying my principal about genuineness of my disease , he finally agreed to grant me transfer. He has put a condition of making an affidavit stating I am taking transfer on the medical grounds and wont join any big firm after taking transfer from this firm. If i join any big firm , he has right to submit this affidavit to institute and terminate my articleship. Sir will the institute entertain this kind of haraasment?

24 June 2017 No, never........but let me understand..... are you really taking transfer to any of the big 4?

27 June 2017 No i m not going in big 4

27 June 2017 let him submit such affidavit to ICAI. It wont mean anything.....
See what I suggest, do the affidavit......in the beginning or at the concluding para do make a mention that......This affidavit is being made at the specific condition of not to join any big firm, as laid down by my principal CA xxxxxxxx .....

27 June 2017 Yess. Drafted with that para. Thank u sir for your guidance.

27 June 2017 you are most welcome....

29 June 2017 My principal after giving him the decalration isnt responding to my calls and emails. When i go to office they make me seat at the reception counter only. When appraoched to institute via e sahyaata they gave me lame answer that without his consent they cant do anything.

30 June 2017 anybody from your office is ready to be evidence for you?

01 July 2017 Office people doesnt involve in such. All talks done in the cabin.So no one has idea why i sat at the counter. When asked , i was told to tell that personal issue hai

01 July 2017 tell me one thing, how did you get the articleship with this CA?... any reference or acquaintance or relation?

03 July 2017 I had given interview and got selected

03 July 2017 Also he is well known CA in my community.

03 July 2017 any senior member from your community who can have some moral pressure on your principal.......may be like arbitrator?

03 July 2017 Yes there are some communally powered people but I doubt my sir is way smart to spoil my name. I would end up getting misunderstood if took their help

03 July 2017 Do you know any elected member of WIRC or ICAI from your community (Is it jain community you are referring?)

03 July 2017 Yes , Jain kutchi community.

03 July 2017 https://www.wirc-icai.org/wicasa-community.aspx

please check from the above link if you know anybody.......If yes...contact personally and explain your case....Please Dont hesitate to go personally....

03 July 2017 Thank you sir.

03 July 2017 do you know anybody from that list?

03 July 2017 Unfortunately , I dont know anyone.

03 July 2017 What if i terminate my articleship and start afresh!?

03 July 2017 no problem.....Contact CA Sarvesh Joshi
01. Write an e mail stating brief facts of the case, in chronological order. (If you want you can send the chronology to me for vetting....my e mail id is amolshankar@gmail.com OR amol@vpraca.com.)
02. Make a call on his cell number and request for help

03 July 2017 Thank you sir.

03 July 2017 01.Termination also requires signature of Principal.
02. Simultaneously, also contact the respected people of your community. If you think that your side is true and fair, then you need not worry about the spoiling of name.

06 July 2017 He is takjng advantage of matter that I did hide abt my health condition in the beginning. He told me ki he ll give me whatever environment i want for my health. But has strictly refused to give transfer. Unfortunately i had to join him again . Its been 2 days i joined but i amnot at all comfortable with it. 😓. 3 years i have to spend here seems nightmare for me.

07 July 2017 Time is always said to be a good medicine......let it come as good medicine in your life as well....... let us hope for the best....
Now try to collect/gather people like me in your human bank....(around 10-15) so that you can share your grief with them..... you will feel relaxed......
And last but not least....take this as a challenge in your life.....never forget this insult.....it will give you the inspiration to pass out CA exam.....all the best....keep in touch whenever you feel like to

07 July 2017 i have already shared my e mail id.... you can contact me through e mail......OR my whatsapp number is 7058011563..... keep in touch

07 July 2017 Thank you sir for your help and guidance all throughout the period. Yes. I ll be in contact with you. 🙂

07 July 2017 you are most welcome.....

07 July 2017 And take this as an opportunity to know people around you...... not a single person was ready to stand witness?....
Hence forth, make systematic efforts to establish and develope relations who can be of your help, guidance and mentoring..... All the best...(Minimum 10 to 15 people should be there in your Human bank who you can bank with in case of such exceptional situations...Ok?) Bye, take care. God bless



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries