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TMI Blog2023 (2) TMI 474X X X X Extracts X X X X X X X X Extracts X X X X ..... ve 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 ; that the respondent had, by the said letter, actually solicited clients from amongst the members of the club, not only by advertising the names of companies claimed by him to be his client, but also claiming that the firm of which he purported to be the proprietor, had saved the club substantial tax by using his expertise with the income tax department. This, the complainant alleges, was a misconduct committed by the respondent in terms of the provisions of the Act. (3) The Institute, on receiving the complaint forwarded a copy of the complaint to the respondent under cover of its letter dated 06.05.1999, requesting the respondent to file his written statement/reply to the complaint, which the respondent filed before the petitioner on 20.01.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ountant in documents through which the professional achievements of the member would come to the notice of the public. It held that those the respondent ; on his letterhead had stated he was the proprietor of M/s.D.S. Desai and Company, the actual proprietor was his late father, and on his demise, his mother, Mrs.Shalini D. Desai was the Proprietor ; and not the respondent. It held that the respondent had giving false information to the public that he was the proprietor of the firm M/s.D.S. Desai and Company, and trying to mislead the members of the club of this fact, thus being guilty of "other misconduct" under Section 22 read with Section 21 of the Act. (6) The Report of a Disciplinary Committee was then sent to the complainant and to the respondent, calling upon them by letter dated 24.07.2006, to send their written representations on the findings arrived at the Disciplinary Committee and on its assessment of the evidence led during the inquiry. The Institute also informed the complainant and the respondent by its notice dated 25.07.2006, that the Report of the Disciplinary Committee with its findings would be tabled at the meeting of the Executive Committee of the Institute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edure in inquiries relating to misconduct of members of Institute:- (1) Where on receipt of information by, or of a complaint made to it, the Council is prima facie of opinion that any member of the Institute has been guilty of any professional or other misconduct, the Council shall refer the case to the Disciplinary Committee, and the Disciplinary Committee shall thereupon hold such inquiry and in such manner as may be prescribed, and shall report the result of its inquiry to the Council. (2) If on receipt of such report the Council finds that the member of the Institute is not guilty of any professional or other misconduct, it shall record its finding accordingly and direct that the proceedings shall be filed or the complaint shall be dismissed, as the case may be. (3) If on receipt of such report the Council finds that the member of the Institute is guilty of any professional or other misconduct, it shall record a finding accordingly and shall proceed in the manner laid down in the succeeding sub-sections. (4) Where the finding is that a member of the Institute has been guilty of a professional misconduct specified in the First Schedule, the Council shall afford to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plainant and the respondent, has, on consideration of the material before it, arrived at findings in his report holding the respondent guilty of the misconducts stated therein. (10) After receipt of the Report from the Disciplinary Committee, we have noted from the record that the Council, on consideration of the report, the record of the disciplinary proceedings and after giving the complainant and respondent and opportunity being heard has accepted the findings, recorded by the Disciplinary Committee. The Council, on deliberation over the findings arrived at in the report, and accepted the same, has held the respondent guilty of professional misconduct falling within Clause (6) and (7) of Part I of the First Schedule of the Chartered Accountants Act, 1949, and guilty of "other misconduct" under Section 22 read with Section 21 of the Act. On holding the respondent guilty of the aforementioned misconducts, the Council has resolved to recommend to this Court the punishment of the reprimand of the respondent, under Clause (a) of Sub-Section (4) of Section 21 of the Act. (11) We have considered the submissions of the learned counsel Shri A.K. Saxena, for the applicant/petitioner's c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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