Natural justice in disciplinary proceedings allows complainant submissions to be considered if the respondent gets a fair chance to icate.

Regulation 16 of the Chartered Accountants Regulations, 1988 was read as not expressly barring the Disciplinary Committee or Council from considering the complainant's submissions in the disciplinary process. Any concern arising from non-supply of those submissions could ordinarily be cured by furnishing copies and giving the respondent an opportunity to answer them. On a prima facie view, the procedure adopted was not shown to breach natural justice, and no prejudice was established to justify restraining the further enquiry. Interim relief was therefore refused.

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Issues: Whether Regulation 16 of the Chartered Accountants Regulations, 1988 prohibited the Disciplinary Committee or Council from considering submissions made by the complainant, and whether interim relief restraining the further enquiry should be granted.

Analysis: Regulation 16 requires the Disciplinary Committee to submit its report to the Council, furnishes the respondent with the report, and enables the respondent to make a written representation before further enquiry is caused. The provision does not expressly forbid the Council from hearing the complainant in aid of a fair decision-making process. The non-supply of the complainant's written submissions to the petitioner would ordinarily offend natural justice, but that defect was capable of being cured by supplying copies and affording an opportunity to meet the same. On a prima facie view, the procedure adopted by the respondent was not shown to be contrary to natural justice, and the petitioner was not shown to suffer prejudice from the proposed course.

Conclusion: Regulation 16 was held not to prohibit the complainant's submissions in the disciplinary process, and interim relief was refused.

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