2003 (1) TMI 726 - HC - Companies Law

High Court modifies ICAI appeal order, stresses Council authority in disciplinary proceedings. Independent review for appropriate action.

The High Court modified the Single Judge's order in an appeal by the Institute of Chartered Accountants of India (ICAI) regarding a further enquiry by the ... - Issues involved: Appeal against order quashing further enquiry by the Disciplinary Committee by the learned Single Judge in W.P. No. 37189 of 1995.Summary:1. The Institute of Chartered Accountants of India (ICAI) appealed against a decision quashing a further enquiry by the Disciplinary Committee regarding alleged professional misconduct by the petitioner. The appellant contended that the Council had the authority to order a further enquiry, citing relevant legal provisions and case law. 2. The appellant argued that despite the Disciplinary Committee finding no misconduct, the Council had the power to call for further enquiry. The respondent countered that no further enquiry was necessary as no professional misconduct was established, emphasizing that technicalities regarding communication methods should not invalidate compliance. 3. The High Court examined the legal framework governing such matters, emphasizing the Council's authority in disciplinary proceedings. The Court highlighted the need for clear communication and proper consideration of reports before ordering further enquiries. 4. Ultimately, the Court modified the Single Judge's order, directing the Council to independently review the Disciplinary Committee's report and take appropriate action in accordance with the law. The Court urged prompt resolution of the matter, considering its prolonged duration.