The AT allows the appeal, condones the delay, and sets aside...

The AT allows the appeal, condones the delay, and sets aside findings insofar as they imputed primary managerial liability to the appellant for violations of the CIS order. The AT holds that a company secretary's role is ministerial/secretarial and he cannot be held vicariously liable for acts or omissions of the company or its board in relation to the CIS wound-up in 2008-09. The AT criticises the Recovery Officer's imprudent attachment of the appellant's accounts and the consequent mechanical initiation of prosecution, finding procedural impropriety and prejudice to the appellant. The AT further construes section 15-I(3) as limited to enhancement of an existing penalty and not as conferring power to impose de novo penal consequences. Appeal allowed.

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