2007 (5) TMI 696 - HC - Indian Laws

Chartered Accountant Suspended for One Month Due to Misconduct Involving Forged Documents and False Certificates.

Council of The Institute of Chartered Accountants of India Versus Dayal Singh F.C.A. and Ors.

Council of The Institute of Chartered Accountants of India Versus Dayal Singh F.C.A. and Ors. - TMI Issues:Professional misconduct under Chartered Accountants Act - Sections 21(5) and Chapter 7-F of Delhi High Court Rules.Analysis:1. The judgment pertains to a reference made to the High Court under Section 21(5) of the Chartered Accountants Act regarding allegations of professional misconduct against Respondent No. 1.2. Despite multiple attempts at serving Respondent No. 1, including through publication in a newspaper, he failed to appear, leading to proceedings against him ex-parte.3. The allegations against Respondent No. 1 involved facilitating a loan sanction based on forged documents and providing false certificates, indicating potential professional misconduct.4. The allegations were assessed in light of Clause (5) and (7) of the Second Schedule to the Chartered Accountants Act, relating to failure to disclose material facts and gross negligence in professional duties.5. Respondent No. 1 submitted a written statement denying the allegations but was found guilty of 'other misconduct' by the Council, leading to a recommendation for his removal from the register of members for one month.6. The defense put forth by Respondent No. 1 highlighted his role in providing services for obtaining financial assistance, denying the allegations against him.7. The judgment emphasized the significance of the certificate issued by Respondent No. 1, which influenced the bank's decision to disburse the loan, indicating a lack of responsibility on his part.8. The Court agreed with the Council's conclusion that Respondent No. 1's actions constituted 'other misconduct' under the Act, justifying the recommended penalty of removal from the register for one month.9. The Court deliberated on the severity of the punishment, considering the expectations of integrity and probity from Chartered Accountants involved in financial transactions, ultimately upholding the Council's recommendation.10. Consequently, the Court accepted the Council's recommendation for the removal of Respondent No. 1's name from the register of members for one month, emphasizing the need for accountability in professional conduct.11. The judgment concluded by disposing of the reference, affirming the decision to remove Respondent No. 1's name from the register for the specified period.