Jagvinder Bir Singh v. Disciplinary Committee Bench Iv Institute Of Chartered Accountants Of India, Through Its President

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9104/2024 JAGVINDER BIR SINGH .....Petitioner Through:

Mr. Upinder Singh and Mr. Raman Pal Singh Khalsa, Advocates.

versus DISCIPLINARY COMMITTEE BENCH IV INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, THROUGH ITS PRESIDENT AND ANR.

.....Respondents Through:

Mr. Abhinav Tyagi, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 08.07.2024 CM APPL. 37265/2024(seeking exemption) 1.

Exemption is granted, subject to all just exceptions. 2.

The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing. 3.

Accordingly, the application stands disposed of. W.P.(C) 9104/2024 and CM APPL. 37264/2024(seeking stay) 4.

The present petition seeks to quash and stay the operation of the Penalty Order dated 17th May, 20242 and the Findings Order dated 05th February, 20243passed by the Disciplinary Committee of the Institute of Chartered Accountants of India,4 as well as the publication giving effect to 2 "Impugned Penalty Order"

3 collectively, "Impugned Orders"

4"ICAI"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 07:52:43

the punishment in the Official Gazette dated 28th June, 2024. 5.

Counsel for Respondent No. 1, who has appeared on advance notice, states that the Impugned Orders are amenable to appellate scrutiny. He does not deny that currently, the office of the Chairperson of the Appellate Authority, ICAI is lying vacant. It is also pointed out that the appointment for the said vacancy has to be done by the Ministry of Corporate Affairs. 6.

He further explains that effect to the Impugned Penalty Order can only be given by Respondent No. 1 and he has instructions to state that, till the stay application in appeal filed by the Petitioner is heard, the Impugned Penalty Order shall not be implemented.

7.

Considering the fact that several writ petitions are being filed before this Court in view of the vacancy as mentioned above, a copy of this order be sent to the concerned Ministry with a direction to expedite the process for the appointment of Chairperson of Appellate Authority, ICAI. 8.

The present petition is disposed of with the directions that till the preliminary hearing of appeal filed by the Petitioner, the Impugned Penalty Order dated 17th May, 2024 and the consequential Gazette notification dated 28th June, 2024 shall be kept in abeyance.

9.

Disposed of, along with pending applications. SANJEEV NARULA, J JULY 8, 2024 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 07:52:43