Completion of Articleship

Articleship 3614 views 8 replies

Dear Friends,

 

I have a very important query. I completed 3 and half years Articleship in MARCH. My Principal signed Form 108 with NO EXCESS LEAVE and submitted it to the institute. He received my Articleship Completion Certificate with a copy marked to me vide ICAI letter dated XX.04.2011. I appeared for CA Final Exams in May 2011. There was no agreement with my Principal written or otherwise that I would be coming back to work for him after my exams since I had completed my Articleship.

However now my Principal is threatening to take the following actions:

1. File a complaint wih ICAI saying that the facts were 'misrepresented' to him while signing Form 108. He is threatening that my Articleship will be declared null and void and my results will be held back.

2. File a Police complaint that I have forged his signature on Form 108.

In order that he not take such action, he is asking me to sign an indemnity bond and affidavit stating that I will serve him for the next 1 year.

My query is:

1. What would be the validity of his complaint and what is the action that ICAI can take against me?

2. What should be my course of action?

Replies (8)

Hi

Its so sad after reading your problems...you might be suffering a lot..its really very sad for many students like you that many principals are doing harm to students in one way or other..that's why enquiring about the firm before joining is more important...hope prospective students will observe this before joining. One idea i got is you might have tried of recording in your mobile all the conversation that took place between you and your principal...then the evidence would have been strong..if further communication like this occurs between you both then try this idea..let our seniors comment on this...

i think it is very tuff situation 4 u 

Dear Nikita..

From what you've written abt ur principal,it isnt right on his/her part to threaten u by any chance. To ask you if u cud join him for wrk is one thing n u have every freedom to express ur convenience or inconvenience to accept dat. But threatening u on the means of continuing working under him that too after your articleship is not right. You have every right to seek justice and in my opinion this should go to the notice of ICAI. I've never tried that option but if u open the ICAI site there is an e-sahayata option where you can post ur greviences. And when you do that it wud be gr8 if u add a scanned copy of the completion of articles certificate received from ICAI, so as to not wait for another reply asking for further proof or so from ICAI> All the best.. do what you can .. juz dont sit brooding over whats happening to u. God helps those who helps themselves. bles u dear.

Dear nikhita,

First toh dnt sign any Imdenity bond or affidavit......well as u have appeared for final xam already n w8tng 4 result...well i dnt think that ur Principle have any such r8t to provoke on u , for ny forged sign or nything....well as u have not signed, so u dnt have to worry about it....ur principle is just trying to be oversmart...which he is not...

Well if he try to threat u by calling, then just say that when ur sign will match with ur handwriting then ur whole truth will come, so i think after knowing this fact ur principle will not do such stupid thing again...
..and u should also complain against him to ICAI.

Well u sholud also kept ur all related documents and the attendance diary book records, which i think u should maintained while serving as an articleship.

Well u have the actual power to complain, well not him...as he already signed. so u dnt have to worry more dear....

Originally posted by : Ritesh Khemka

Dear nikhita,

First toh dnt sign any Imdenity bond or affidavit......well as u have appeared for final xam already n w8tng 4 result...well i dnt think that ur Principle have any such r8t to provoke on u , for ny forged sign or nything....well as u have not signed, so u dnt have to worry about it....ur principle is just trying to be oversmart...which he is not...

Well if he try to threat u by calling, then just say that when ur sign will match with ur handwriting then ur whole truth will come, so i think after knowing this fact ur principle will not do such stupid thing again...
..and u should also complain against him to ICAI.

Well u sholud also kept ur all related documents and the attendance diary book records, which i think u should maintained while serving as an articleship.

Well u have the actual power to complain, well not him...as he already signed. so u dnt have to worry more dear....

agreed             

Dear Nikitha,

It is very sad to here this from you one thing i can say is he will be giving you cheque as payment of stipend, then you can make a detailed format of from when he is giving from your bank pass book , this would be a source of evidence. moreover dont sign any affidivit .. he is playing trick to threaten you. bcoz once inst issued service certificate it is all over..for any enq by ins you can produce such evidence.. all the best

Dont Worry ! and dont  sign any bond or affidavit. If Your boss makes any complaint against you it will be his duty to prove it's truth to the satisfaction of the institute. there will be no action against you without proper investigation , remember  if  your boss fails to prove this to the institute he may lose his membership hence the risk is higher on his side.  Consider following Points-

1. Your article completion Certifiacte is dated in april month, thereafter you appeared in may exams and till its completion your boss took no action against you , this shows that you have not forged his sign, not misrepresented any facts to him because have u done any such act he would have immediately loged a complaint against you.

2.In any case of litigation you can use the bank pass book in which the stipend was deposited .

The  actions of your boss will not be valid and if you are sure about the facts there may not be any reason to worry, however contact all experts you know before taking any action!

All the best!

ICAI Articles Related - How many Bank credits are enough for article completion. Do I need 36 credits?

My articleship period is from May 2017 to April 2020. But I didn't submit my termination as and when the articles period got completed. 

Now in Jan 2024, my principal signed my Form 108. I have paid a condonation fee as well but I have very few credits in my bank statement with respect to the stipend and ICAI is seeking a bank statement with respect to the stipend not credited to my bank. 

Kindly anyone help me how to solve this issue. 
 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register