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TMI Blog2015 (9) TMI 1251X X X X Extracts X X X X X X X X Extracts X X X X ..... r would be rectified and the Petitioner will be given copies of the said statement so that he can meet the contentions raised therein. As per Regulation 16 the disciplinary committee is required to submit its report to the council. As per clause (2) of the Regulation where a finding of the disciplinary committee is against a person against whom the enquiry is conducted, a copy of the report of the disciplinary committee is required to be furnished to such a candidate and he is entitled to be given an opportunity of making a representation in writing to the council. No doubt that clause (2) of Regulation 16 only refers to the Respondent that is the person against whom an enquiry is being conducted for giving a copy of the report of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ior counsel submits that the order impugned herein which provides for reconsideration suffers from virus of procedural irregularities in as much as the same is not permissible under Regulation 16 of the Chartered Accountants Regulations 1988. He further submits that no reasons are given as to why Respondent No.1 finds reconsideration necessary. He further submits that copies of written submissions of Respondent No.2 were not supplied to the Petitioner and as such, the same has caused great prejudice to the Petitioner. He further submitted that permitting Respondent No.2 to file the submissions before Respondent No.1 was itself not permissible in law. 4. At this stage, we must point out that Mr. Moye has fairly stated that Respondent No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord its findings : PROVIDED that if the report of the Disciplinary Committee is that the Respondent is not guilty of any professional or other misconduct, the Council shall not record its findings contrary to the report of the Disciplinary Committee. (5) The finding of the Council shall be communicated to the Complainant and the Respondent. 6. At the outset we may observe that non-supply of the written submissions by Respondent No.2 to the Petitioner would have vitiated the proceedings on the ground of non-observance of principles of natural justice. Non-supply of the written submissions by Respondent No.2 to the Petitioner would result in using the material, of which the Petitioner had no opportunity to meet. The same w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... giving a copy of the report of the disciplinary committee so that he has an opportunity of making a representation. However, by now it is settled principle of law that every order which has an adverse effect has to be preceded by principles of natural justice, when the provision expressly or by necessary implication excludes the applicability of the same. 10. Undisputedly, the proceedings are initiated against the Petitioner at the instance of Respondent No.2. If Respondent No.1, in compliance of the principles of natural justice finds it appropriate to take view of Respondent No.2 who is the complainant and on whose complaint the disciplinary proceedings are set in motion, we do not find that it can be said to be contrary to the princi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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