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2023 (2) TMI 474 - BOMBAY HIGH COURTProfessional and other Misconduct by Chartered Accountant - Soliciting their clientele in the guise of canvassing for votes during the club’s Executive Committee elections - It was the complainant’s allegation that the respondent, under the guise of soliciting votes for his candidature to the post of Officer Bearer of the Executive Committee of the said club, had represented to members of that club that he was a proprietor of M/s. D.S. Desai and Company Limited, claiming that his firm has rendered dedicated services to several corporate clients whose names were stated in the said letter. HELD THAT:- The respondent and the complainant in the matter, though served on two occasions, have not put in appearance. Shri Saxena, appearing for the petitioner has taken us through the record of the disciplinary proceedings and the complaint, the written statement of the respondent and the letter written by the respondent to members of the Poona Club Limited, through which the Respondent claims he solicited votes while standing for election. The Disciplinary Committee has followed the procedure laid down under the Act and the Regulations framed thereunder. It has adhered to the principles of natural justice while conducting the inquiry; the complainant and the respondent were both afforded an opportunity of given their statements and cross-examined each other. The Disciplinary Committee had thereafter considered the evidence of the parties and after deliberating over the contents of the letter written by the respondent soliciting votes of members of the club, has arrived at findings of guilt which are entirely based upon the evidence before it - The findings do not suffered from any perversity or non consideration of the record before the Disciplinary Committee. On going through the minutes of the meeting of the Council wherein it considered the record of the Disciplinary proceedings and the findings arrived at by the Disciplinary Committee in its Report, it is opined that the Council has afforded both parties an opportunity of being heard and presenting their version before the Council in its meeting held on 19.02.2007 - further, the Council has accepted the findings of the Disciplinary Committee and there is no error in the procedure followed by the Council. The order of the reprimand (to tell somebody officially that he/she has done something wrong) of the respondent will serve the ends of justice and will be proportionate to the acts of misconduct of which the respondent has been held guilty - application referred under Sub-Section (6) of Section 21 of the said Act is disposed of.
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