Mr. N. Srinivasan v. The Institute Of Actuaries Of India And 3 ORS.
WP.468.2014.903.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 468 OF 2014 Mr. N. Srinivasan } Petitioner versus The Institute of Actuaries of } India and Ors.
} Respondents Mr. Vishwajeet P. Savant with Mr. Rahul K.
Hakani for the Petitioner.
Mr. Partha Banerjee with Ms. Wardha Khan i/b. Mr. Sharon L. Pinto for the Respondents. CORAM :- S. C. DHARMADHIKARI & G. S. KULKARNI, JJ.
DATED :- JUNE 25, 2015 P.C. :- After the Writ Petition was heard for some time, both sides agreed that it be disposed of by the following order:- (i) The Council/Respondent No. 1 before us has informed this Court that the apprehension of the Petitioner regarding involvement of one Mr. Liyaquat Khan in the inquiry proceedings is misplaced. Mr. Liyaquat Khan has disassociated himself from the Disciplinary Committee holding inquiry against the Petitioner. We accept this statement and equally this position is not disputed before us by the Petitioner.
(ii) In the light of this development, the Petitioner is ready and willing to face the inquiry initiated against him in terms of the Actuaries Act, 2006 and the Actuaries (Procedure for Enquiry of Professional and other Misconduct) Rules, 2008. (iii) The parties are agreed that the inquiry will commence denovo and all contentions of the Petitioner are kept open including based on the grounds raised in this Writ Petition. He is free to J.V.Salunke,PA
WP.468.2014.903.doc request the Committee to allow him to cross examine the witness whose oral examination has been taken by the Committee. Such request and others be dealt with in accordance with law. (iv) All contentions of both sides in relation to the above and the merits of the charges are kept open.
2) The Writ Petition is disposed of accordingly. The ad-interim order is vacated forthwith.
(G.S.KULKARNI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA