Disciplinary proceedings

946 views 1 replies

Sir,

I have filed a complaint before Disciplinary Directorate of ICAI. As per ICAI Procedure of Investigations of Professional and Other Misconduct   Refer https://www.icai.org/new_post.H T M L?post_id=268&c_id=250    ) after filing of complaint Disciplinay Director (Secretary to Disciplinary Commitee) forms Prima facie opinion. Now problem I am facing is that out of 10 major  points pertaining to my complaint Disciplinay Director has formed prima-facie opinion in only one point  and rest have been discarded inspite of strong evidence against the respondent Auditor. I suspect foul play in this. There are several allegation against previous Director Discipline among various members of ICAI and with my experience I feel that they are true.kindly refer https://www.wordfaire.com/councilaffairs/

My problem is that Disciplinay Commitee in disciplinay hearings is now saying that they will only consider only on the aspect in which Director Discipline has formed prima-facie opinion. They are refusing to consider the evidence I have submitted with my complaint and they are not giving me oppurtunityto present my case and evidence on the matter discarded by Director Discipline. Kindly Advice.

Replies (1)
Originally posted by : Arun C Mathew
Sir,

I have filed a complaint before Disciplinary Directorate of ICAI. As per ICAI Procedure of Investigations of Professional and Other Misconduct   Refer https://www.icai.org/new_post.H T M L?post_id=268&c_id=250    ) after filing of complaint Disciplinay Director (Secretary to Disciplinary Commitee) forms Prima facie opinion. Now problem I am facing is that out of 10 major  points pertaining to my complaint Disciplinay Director has formed prima-facie opinion in only one point  and rest have been discarded inspite of strong evidence against the respondent Auditor. I suspect foul play in this. There are several allegation against previous Director Discipline among various members of ICAI and with my experience I feel that they are true.kindly refer https://www.wordfaire.com/councilaffairs/

My problem is that Disciplinay Commitee in disciplinay hearings is now saying that they will only consider only on the aspect in which Director Discipline has formed prima-facie opinion. They are refusing to consider the evidence I have submitted with my complaint and they are not giving me oppurtunityto present my case and evidence on the matter discarded by Director Discipline. Kindly Advice.

Unfortunately, there is no provision either under the Chartered Accountants Act or the Investigation of Misconduct Rules 2007 for appeal by the Complainant for not entertaining the complaint or dismissing the complaint.  Further, this being an interim order, no appeal is provided even by authorities under the Act.  I think, the only option left for you is to file Writ Petition before the High Court questoning the order of the Director (Discipline) or Committee.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
21 July 2026
Chartered Accountant

Keshri & Associates

Thiruvananthapuram

CA

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
06 July 2026
Senior Accountant

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
Featured 16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT, CA SemiQualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
14 July 2026
Senior Executive/ Manager

H S SHARMA AND CO

Pune

CA Final

View Details
Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details