TMI Blog2015 (6) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent No.1 had procured rail tickets through an agent, but did not consider the charges of the travel agent or the premium at which rail tickets are sold in rush season. We, in the circumstances, have two options; either to ourselves reduce the punishment from that of removal of name from the Register of Members for a period of one month to that of reprimand or to remand the matter to Council to consider the recommendation in the light of the report of the Disciplinary Committee and the representation of the respondent no.1 thereagainst. We choose the former simply for the reason that the matter has already been pending for the last more than ten years and we feel that it need not be prolonged any further. - The requisite reprimand be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firm M/s Mega Associates was the Joint Statutory Auditor of Cotton Corporation of India (CCI) for the year 2000-2001. It was inter alia the case of the CAG that the respondent no.1 had claimed inflated amount(s) towards expenses incurred in performance of his duty during the course of audit of CCI for the year 2000-2001. 4. The Council of the petitioner Institute having formed a prima facie opinion that the said letter of the CAG disclosed professional and/or other misconduct on the part of the respondent No.1, in the meeting held on 28th and 29th August, 2008, referred the matter to the Disciplinary Committee for enquiry. 5. It was inter alia the case of the respondent no.1 in his response to the allegations of the CAG that the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an that claimed. 8. The report of the Disciplinary Committee and the representation of the respondent no.1 were considered in the meeting of the Council of the petitioner Institute held on 18th 19th June, 2012 when the recommendation for removal of the name of the respondent no.1 from the Register of Members for one month was made. 9. We have perused the records and are satisfied of the proceedings aforesaid having been held in accordance with the prescribed procedure and the principles of natural justice having been followed. We are further satisfied with the reasoning recorded by the Disciplinary Committee of the petitioner Institute, for holding the respondent no.1 guilty as aforesaid. We however find that the Council of the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the question of the complaint being revengeful. The Council, while making the recommendation also did not consider that the CAG/CCI had complained against the respondent No.1 on two other aspects also and qua which the Disciplinary Committee found no case of professional misconduct being made out and/or no element to act dishonestly was made out and/or that the expenses claimed appeared to have been assessed reasonably and in the urgency of the matter. Therefrom it is clear that two of the three charges against the respondent No.1 were indeed baseless, exaggerated. The same lends credence to the plea of the respondent No.1, of the complaint against him being revengeful. Similarly, there is no finding of the Disciplinary Committee on the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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