Ramesh Sanka v. Institute Of Chartered Accountants Of India And ANR.

$-48, 50,51,53, 54&55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CI 7444/2019 RAMESH SANKA Petitioner Through:

Mr Ankit Jain, Advocate, versus INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ANR.

Respondents Through WITH 50.

^ W.P.(0 7461/2019 RAMESH SANKA Petitioner Through:

Mr Ankit Jain, Advocate, versus INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ANR.

Respondents Through WITH 51.

+ W.P.(C17463/2019 RAMESH SANKA Petitioner Through:

Mr Ankit Jain, Advocate, versus INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA THROUGH ITS CHAIRMAN & ANR Respondents Through WITH 53.

+ W.P.(0 7477/2019 RAMESH SANKA Petitioner Through:

Mr Ankit Jain, Advocate Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

versus INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ANR.

Respondents Through WITH 54.

+ W.P.fCI 7485/2019 RAMESH SANKA Petitioner Through; Mr Ankit Jain, Advocate, versus INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ANR.

Respondents Through AND 55.

+ W.P.(CI 7488/2019 RAMESH SANKA Petitioner Through: Mr Ankit Jain, Advocate, versus INSTITUTE OF CHARTERED ACCOUNTANT OF INDIA THROUGH ITS CHAIRMAN & ANR Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

ORDER

% 15.07.2019 CM No.31075/2019 in W.P.tCl 7461/2019 CM No.31078/2019 in W.P.fCl 7463/2019 CM No.31098/2019 in W.P.fCl 7477/2019 CM No.31108/2019 in W.P.fCl 7485/2019 CM No.31111/2019 in W.P.tCl 7488/2019 1.

Allowed, subject to all just exceptions.

W.P.(C) 7444/2019 & CM No.31010-31011/2fl19

W.P.(a 7461/2019 & CM No.31074/2ni9 W.p.ro 7463/2019 & CM No.31077/2019 W.P.(0 7477/2019 & CM No.31097/2ni9 W.P.(a 7485/2019 & CM No.31107/201Q W.P.(a 7488/2019 & CM No.311in/2ni9 2.

The petitioner has filed the present petitions, inter alia, being aggrieved by the inaction on part of respondent no.l (Institute of Chartered 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 respect of their conduct in relation to Ireo Group Companies.

4.

The leamed counsel appearing for the petitioner submits that the petitioner would be satisfied if directions are issued to ICAI for examining the petitioner's complaints in a time bound manner. 5.

Given the limited relief sought for by the petitioners, this Court does not consider it necessary to issue notice to the respondents. 6.

In terms of Sub-section (2) of Section 21 of the Chartered Accounts Act. 1949, the Director (Discipline), ICAI is required to form a, prima facie, opinion regarding the occurrence of alleged misconduct. In terms of sub section (3) of Section 21 of the said Act, where the Director (Discipline) is of the opinion that the member is guilty of any professional misconduct as mentioned in First Schedule, he is required to place the same before the Board of Discipline. In cases where Director (Discipline) is of the opinion that the member is guilty of any professional misconduct as mentioned in the Second Schedule or both the Schedules, he is required to place the same

s before the Disciplinary Committee.

7.

The petitioner states that in the present case, the Director (Discipline) has, as yet, not taken any view as to the occurrence of the misconduct as alleged.

8.

In the circumstances, this Court directs the Director (Discipline), ICAI to take a view as required under sub-section (2) of Section 21 of the Act as expeditiously as possible, and preferably within a period of three months, from today.

9.

The petition is disposed of with the aforesaid directions. The pending 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 of constitute misconduct or other misconduct as specified in the Schedules to the Chartered Accounts Act, 1949. And, nothing stated in this order should be construed as an expression of any such opinion. JULY 15,2019 VIBHUBAKHHU.J MK