Madras High CourtWA/3360/2024dismissed

V. Balasubramanyan v. The Institute Of Chartered Accountants Of India

2025-03-19Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CMP NO. 26049 OF 2024,CMP NO. 26051 OF 2024 V. Balasubramanyan S/o. Late M. Venkataramani, No.6 (Old 27), XI Avenue, Ashok Nagar, Chennai - 08.

Appellant(s) Vs The Institute Of Chartered Accountants Of India Indraprastha Marg, P.B. No.7100 New Delhi 002. and another Respondent(s) V. Balasubramanyan S/o. Late M. Venkataramani, No.6 (Old 27), XI Avenue, Ashok Nagar, Chennai - 08.

Appellant(s) Vs The Institute Of Chartered Accountants Of India Indraprastha Marg, P.B. No.7100 New Delhi 002. and another Respondent(s) For Appellant(s):

Mr.N.V. Balaji For Respondent(s):

Mr.S.Diwakar For RR 1 & 2 For Appellant(s):

N.V. Balaji N.V. Lakshmi N.V. Narayanan N V Krishnan For Respondent(s):

For Appellant(s):

N.V. Balaji N.V. Lakshmi N.V. Narayanan N V Krishnan For Respondent(s):

ORDER

(Order of the Court was made by the Hon'ble S. M. Subramaniam J.) This Court has already passed an order that the disciplinary proceedings initiated against the appellant is in progress. Since Mr.Balaji, learned counsel for the appellant made a mention that the Committee has completed the enquiry, the matter is listed under the caption 'for being mentioned".

2.Mr.Balaji, learned counsel for the appellant made an attempt to re-argue the issues on merits, which cannot be entertained.

3. As far as the letter dated 25.02.2021, it indicates that the Disciplinary Committee has given its finding and further opportunity has been provided to the appellant to submit his representation if any, within a period of fourteen (14) days. Unfortunately, three years lapsed, on account of pendency of the litigation. Therefore, the appellant is not entitled to get any more leniency from the hands of this Court. The appellant is at liberty to submit his representation within a period of one week from today i.e., 24.03.2025, if any already submitted. On receipt of representation, if any, from the appellant within a period of one week, the respondents shall proceed with the process, complete the disciplinary proceedings in all respects and pass final orders on merits in accordance with law.

4. With the above observation, the final order passed in W.A.No.3360 of 2024 dated 19.03.2025 stands confirmed and no further orders are required. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 24-03-2025 ssi To

1. The Institute Of Chartered Accountants Of India Indraprastha Marg, P.B. No.7100 New Delhi 002.

2. The Assistant Secretary

Disciplinary Committee, The Institute of Chartered Accountants of India, 2nd and 3rd Floor, ICAI Bhawan, 52,53 and 54 Maharishi Valmiki Marg, Near Karkarduma Court Complex, Vishwas Nagar Extension, Shahdara, New Delhi 032.

1. The Institute Of Chartered Accountants Of India Indraprastha Marg, P.B. No.7100 New Delhi 002.

2. The Assistant Secretary Disciplinary Committee, The Institute of Chartered Accountants of India, 2nd and 3rd Floor, ICAI Bhawan, 52,53 and 54 Maharishi Valmiki Marg, Near Karkarduma Court Complex, Vishwas Nagar Extension, Shahdara, New Delhi 032.

1. The Institute Of Chartered Accountants Of India Indraprastha Marg, P.B. No.7100 New Delhi 002.