Termination of articleship

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 February 2013 I have completed my 2 and half year of articleship.
there is some mis understanding between me and partner of firm now he wants to terminate me in some misconduct clause...than i have to do balance period of articleship or from beginning?
Pls help its urgent

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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21 February 2013 If the employer terminated you by the reason of misconduct it will effect your student life and articleship period, so please try to conveyance the employer and complete of remaining period of articleship. And we can't say what is the ICAI's view regarding the termination of articleship due to misconduct. It may ask to do articleship from beginning or can say complete for balancing period. In my experience you are the first case i heard termination of articleship due to misconduct. So wait for other experts view my view is just my opinion i am not sure.

OM SAI SRI SAI JAI JAI SAI

Ajay Mishra

Ajay Mishra (Expert)
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21 February 2013 Hi

If your principal sign Form-109, then you can take transfer and join article ship for balance period.

Querist : Anonymous

Querist : Anonymous (Querist)

22 February 2013 thank you sir for your valuable support

Querist : Anonymous

Querist : Anonymous (Querist)

23 February 2013 Professional mis conduct clause apply to articles??

Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2013 Ajay Sir Can i take transfer in my 3rd year of articleship with consent of principal partner through form no. 109
i m totally frustrate and dont want to continue in the same firm?????
Thank you in advance...

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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02 August 2025 Here’s a summary to help you with your situation:

1. **Termination due to misconduct:**
If your principal terminates your articleship on grounds of misconduct, it can have serious consequences on your articleship record. ICAI may take a strict view, but there is no fixed rule that you must start from scratch. It depends on the facts and ICAI’s discretion.

2. **Balance period of articleship:**
If termination is not accepted as misconduct or if you can get consent, you typically need to complete the remaining period of your articleship. The key is to try and resolve matters amicably with your principal.

3. **Form 109 (transfer of articleship):**
If your principal agrees and signs Form 109, you can transfer to another firm for the balance period of your articleship. This is the best and cleanest route to continue without losing your completed period.

4. **Without consent:**
If your principal refuses to sign Form 109, you can approach ICAI explaining your case. ICAI may intervene but this process takes time and success is not guaranteed.

5. **Misconduct clause:**
There isn’t a specific “misconduct clause” in the ICAI articleship regulations that automatically leads to termination. However, serious misconduct by a student can be dealt with by the institute under disciplinary rules.

**Advice:**

* Try to settle the matter with your principal.
* Request them to sign Form 109 for transfer.
* If that fails, write to ICAI with details and seek guidance.
* Avoid starting articleship from scratch unless ICAI explicitly instructs so.

If you want, I can help you draft a letter/email to your principal requesting Form 109 or an application to ICAI. Would that help?

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