Full Text
W.P.(CI 7444/2019
RAMESH SANKA Petitioner
Through: Mr Ankit Jain,Advocate,
Through
^ W.P.(07461/2019
Through: Mr Ankit Jain,Advocate,
Through: Mr AnkitJain,Advocate,
Through
W.P.(0 7477/2019 2019:DHC:7543
W.P.fCI 7485/2019 RAMESHSANKA Petitioner
Through; Mr AnkitJain,Advocate,
Through: Mr AnkitJain,Advocate,
Through
15.07.2019 CM No.31075/2019in W.P.tCl 7461/2019
CM No.31078/2019in W.P.fCl 7463/2019 CM No.31098/2019in W.P.fCl 7477/2019
CM No.31108/2019in W.P.fCl 7485/2019 CM No.31111/2019in W.P.tCl 7488/2019
W.P.(a 7461/2019& CM No.31074/2ni9 W.p.ro 7463/2019&CM No.31077/2019
W.P.(a 7485/2019& CM No.31107/201Q W.P.(a 7488/2019& CM No.311in/2ni9
ORDER
2. The petitioner has filed the present petitions, inter alia, being aggrieved by the inaction on part ofrespondent no.l (Institute ofChartered Accountants of India-ICAI) in considering the complaints filed by the petitioner.
3. The petitioners claim that it had made six separate complaints of misconduct against separate persons,who are arrayed as respondent no.2 in these petitions,to ICAI. Such complaints were in respectoftheirconductin relation to Ireo Group Companies.
4. The leamed counsel appearing for the petitioner submits that the petitioner would be satisfied ifdirections are issued to ICAI for examining the petitioner's complaints in atime bound manner.
5. Given the limited reliefsoughtfor by the petitioners,this Court does notconsiderit necessaryto issue notice to the respondents.
6. In terms ofSub-section(2)ofSection 21 ofthe Chartered Accounts Act.1949,the Director(Discipline),ICAIis required toform a,primafacie, opinion regarding the occurrence of alleged misconduct. In terms ofsub section(3)ofSection 21 ofthe said Act,where the Director(Discipline)is ofthe opinion that the member is guilty ofany professional misconduct as mentioned in First Schedule, he is required to place the same before the Board ofDiscipline. In cases where Director(Discipline)is ofthe opinion s before the Disciplinary Committee.
7. The petitionerstatesthatinthe presentcase,the Director(Discipline) has, as yet, not taken any view as to the occurrence ofthe misconduct as alleged.
8. In the circumstances, this Court directs the Director (Discipline), ICAIto take a view as required under sub-section(2)ofSection 21 ofthe Act as expeditiously as possible, and preferably within a period ofthree months,from today.
9. The petition is disposed ofwith the aforesaid directions.Thepending applications are also disposed of.
10. It is clarified that this Court has not expressed any opinion(prima facie or otherwise) on the merits of the complaints or whether the acts complained ofconstitute misconductorother misconductasspecified inthe Schedules to the Chartered Accounts Act,1949.And,nothing stated in this ordershould beconstrued asanexpressionofanysuch opinion. JULY15,2019 VIBHUBAKHHU.J MK