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of <h1>Chartered Accountant Disqualification Upheld for Moral Turpitude Conviction</h1> <h3>Mohit Bansal Versus Institute Of Chartered Accountants Of India & Anr.</h3> Mohit Bansal Versus Institute Of Chartered Accountants Of India & Anr. - TMI Issues Involved:1. Applicability of Section 8(v) of the Chartered Accountants Act, 1949.2. Interpretation of 'moral turpitude' under Section 8(v).3. Procedural fairness and principles of natural justice in disciplinary proceedings.4. Validity of the ICAI's actions and notices in light of the Petitioner's conviction.5. The need for disclosure requirements for Chartered Accountants.Detailed Analysis:1. Applicability of Section 8(v) of the Chartered Accountants Act, 1949:The Petitioner, a Chartered Accountant, was convicted under Sections 354 and 506-II of the IPC, which involve moral turpitude. Section 8(v) of the Chartered Accountants Act, 1949, disqualifies a person from being entered in or borne on the register if convicted of an offence involving moral turpitude. The Court concluded that the Petitioner's conviction falls within this provision, thus attracting the disqualification.2. Interpretation of 'moral turpitude' under Section 8(v):The Court examined various precedents and concluded that 'moral turpitude' involves acts of baseness, vileness, or depravity in private and social duties. The Petitioner's conviction for offences involving assault and criminal intimidation against a woman was deemed to involve moral turpitude, thus justifying the application of Section 8(v).3. Procedural Fairness and Principles of Natural Justice:The Petitioner argued that the ICAI did not follow due process under Section 21 of the Act, which requires an inquiry for professional or other misconduct. However, the Court held that for offences involving moral turpitude under Section 8(v), a formal inquiry is not strictly required, although principles of natural justice must be followed. The ICAI provided the Petitioner with an opportunity to be heard, thus complying with these principles.4. Validity of the ICAI's Actions and Notices:The ICAI issued a show cause notice to the Petitioner, asking why action under Section 8(v) should not be taken against him. The Petitioner sought to quash this notice and the proceedings. The Court upheld the validity of the ICAI's actions, stating that the ICAI is within its rights to initiate such proceedings given the gravity of the offences and the lack of any pardon for the Petitioner.5. Need for Disclosure Requirements for Chartered Accountants:The Court noted the absence of any disclosure requirement for criminal cases or convictions at the time of enrolment or thereafter. It directed the ICAI to establish a framework for mandatory disclosures by candidates and members regarding any criminal cases or convictions, ensuring the ICAI is informed and can maintain the integrity of the profession.Conclusion:The Court dismissed the Petitioner's writ petition, upholding the ICAI's show cause notice and subsequent proceedings. It directed the ICAI to allow the Petitioner reasonable time to respond and to conduct a fair hearing. Additionally, the ICAI was instructed to implement disclosure requirements for criminal cases or convictions to maintain the integrity of the Chartered Accountancy profession.
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