Disciplinary proceedings


Arun C Mathew (MBA)     27 May 2015

Arun C Mathew
MBA 
 50 points

| My Other Post

Sir,

I have filed a complaint before Disciplinary Directorate of ICAI. As per ICAI Procedure of Investigations of Professional and Other Misconduct   Refer http://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 http://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.

DEVENDRANATH SHRIKANT JOSHI (Advocate)     27 May 2015

DEVENDRANATH SHRIKANT JOSHI
Advocate 
 30 points

View Profile | My Other Post

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 http://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 http://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.


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