X-Employeer Articleship

This query is : Resolved

CA Mayank (Querist)
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09 June 2009 I need help. As u r aware of the rule of restriction on transfer of articleship.
i took transfer before this rule came.
Though my previous boss given me transfer when he found i am not going to stay under him.
Now i am working else where, as few days back institute has given e mail ID for dummy article after that my previous boss contacted me & told me that he will launch a fake complain on this ID so that i will get hares and my time will get waisted and so that i cannot concentrate on studies.
Just to harres me as i took transfer from him. He is having my reg. no. too.
Pl tell me what to do.
Can he simply send my name to that ID without proof and institute will also not ask proof before approachong to me.

CA. Dashrath Maheshwari

CA. Dashrath Maheshwari (Expert)
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10 June 2009 DON'T WORRY AT ALL,
There is a special bench for removal of such appeals and your old boss, being a chartered accountant, must know that, his time is more important, he can also loose his certificate of practice, if after all findings by the institute, he comes under scan.

LET HIM DO:
You also have a golden chance to destitute your old boss, if he do so. but you should be right on your stand, your presence can be proved at your new boss's office and clients record.

CA Mayank

CA Mayank (Querist)
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10 June 2009 Thankyou
But i don't have any chance as how the instiute will come to know he has complaint. He will create a new fake ID and from that he will launch complain from some cyber cafe.

But don't u think this e mail ID can be misused as students among their jelousy will make fake complain against each other to ruin other carrier by putting them in problem during the time of exams. Though effected will not be proved guilty but their lot of time will be wasted and will show effect on their exams.

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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03 August 2025 That’s a tough situation, and your concern about misuse of the dummy complaint email ID is valid. Here’s what you should know and steps you can take:
1. Can your ex-boss file a complaint without proof?
Technically, anyone can send an email complaint, but the Institute of Chartered Accountants of India (ICAI) follows due process.
The ICAI does not act on anonymous or unverified complaints without investigating the facts.
They usually seek your explanation or evidence before taking any adverse action.
2. ICAI safeguards against misuse
ICAI has disciplinary mechanisms to verify authenticity of complaints.
If a complaint is found to be frivolous, malicious, or false, disciplinary action can be taken against the complainant.
The Institute understands such complaints can be misused and tries to prevent harassment.
3. What you should do to protect yourself
Maintain complete records of your transfer order and any communications with both your previous and current principals.
Keep a copy of the approval letter from ICAI for your transfer.
Ask your current principal to keep attendance and work records that can prove your presence.
If you receive any notice or communication from ICAI, respond promptly and professionally with all evidence.
If you suspect malicious complaint(s), you can inform ICAI about potential misuse.
4. If you want, you can proactively write to ICAI
Send a letter/email to the ICAI Regional Office stating:
Your transfer was before the restriction rule came into effect.
You have official approval for the transfer.
You are concerned about possible malicious complaints and request protection or guidance.
This shows your good faith and proactive approach.
Summary
Your ex-boss cannot just get you in trouble without evidence. ICAI follows a fair process. Malicious complaints can backfire on the complainant. Keep all proof ready, respond carefully to any query, and stay confident.

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