Disciplinary misconduct findings must be examined on merits; cheque dishonour is not automatically "other misconduct".

A disciplinary finding of "other misconduct" affecting professional status was not examined on merits by the appellate forum, because the challenge was treated as abandoned. The court noted that the appellant had promptly sought review and advanced substantial grounds, and that the consequences for his career warranted a hearing on merits. It further observed that dishonour of cheques does not automatically constitute "other misconduct" and must be assessed on the facts of each case. As the explanation and challenge had not been adequately considered, the matter was remanded to the Appellate Authority for fresh consideration after permitting a supplementary appeal and hearing.

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Issues: Whether the appellant was entitled to have his challenge to the finding of "other misconduct" examined on merits and whether the matter should be remanded to the Appellate Authority for fresh consideration.

Analysis: The appellant's challenge to the disciplinary finding had not been examined on merits by the Appellate Authority or the Single Judge because it was treated as having been given up. The Court noted that the appellant had promptly sought review and had urged substantial grounds before the Appellate Authority, and that the consequence of the finding on his professional career warranted a hearing on merits. The Court also observed that dishonour of cheques does not, as a rule, automatically amount to "other misconduct" and that the issue must be assessed in the facts of each case. Since the disciplinary authority had not adequately considered the appellant's explanation and the merits of the challenge, it was appropriate to remand the matter rather than decide the misconduct issue itself.

Conclusion: The appellant was entitled to a fresh consideration of his challenge on merits, and the matter was remanded to the Appellate Authority for reconsideration after permitting a supplementary appeal and affording an opportunity of hearing.

Ratio Decidendi: Where a disciplinary finding affecting professional status has not been examined on merits and the merits of the challenge were not adjudicated by the appellate forum, the matter may be remanded to secure a fair hearing and a reasoned determination, and alleged misconduct must be assessed on the facts of each case.

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