Professional and/or other misconduct - Chartered Accountant (CA) ...

High Court Reviews Chartered Accountant Misconduct Cases; Council's Recommendations Must Be Well-Reasoned and Independently Evaluated.

October 13, 2021

Case Laws     Indian Laws     SC

Professional and/or other misconduct - Chartered Accountant (CA) - Where the Council has found any member of the Institute to be guilty of misconduct, it is required under the Act to forward the matter to the High Court with its recommendations and the High Court has to pass final order either dismissing the complaint or penalizing the member of the Institute. The order of the Council, imposing penalty upon the member, is also appealable by the members aggrieved before the High Court. In the circumstances, it is all the more necessary that the recommendation/order of the Council should contain reasons for the conclusion - the High Court has equally erred in accepting the recommendations of the Council without applying its own logic to this aspect of the matter. - SC

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