Statutory appellate remedy bars writ review of disciplinary orders, with only limited interim protection granted pending appeal.

An effective statutory appeal under Section 22G of the Chartered Accountants Act, 1949 was available against the disciplinary order removing the petitioner's name from the register, so the HC declined to examine the merits under Article 226 and directed the petitioner to pursue the appellate remedy. The Court noted that writ jurisdiction is ordinarily not invoked where an efficacious statutory appeal exists, absent exceptional grounds. Taking account of urgency, it granted only limited interim protection by staying Gazette publication of the removal until an interlocutory application was filed with the appeal.

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Issues: Whether the writ petition challenging the disciplinary order was maintainable in view of the statutory appeal under Section 22G of the Chartered Accountants Act, 1949, and whether any interim protection was warranted pending such appeal.

Analysis: The writ petition was filed under Article 226 of the Constitution of India challenging the disciplinary proceedings removing the petitioner's name from the register of members. The Court noted the availability of an efficacious statutory appeal under Section 22G of the Chartered Accountants Act, 1949 against orders of the Board of Discipline or the Disciplinary Committee. Without entering into the merits of the disciplinary findings, the Court held that the petitioner ought to pursue the appellate remedy. Taking note of the urgency, the Court also granted limited interim protection by staying publication in the Gazette of India concerning removal from the register until the filing of an interlocutory application along with the statutory appeal.

Conclusion: The writ petition was not entertained on merits and the petitioner was directed to avail the statutory appeal; limited interim protection was granted for a short period.

Final Conclusion: The challenge to the disciplinary order was left to be pursued before the statutory appellate authority, and the writ court declined to adjudicate the merits while granting only interim protection for a limited period.

Ratio Decidendi: Where an effective statutory appellate remedy is available, writ jurisdiction is ordinarily not invoked to examine the merits of the impugned order absent exceptional grounds.

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