Case Law Details
Devendraa P. Kapur Vs ICAI & Others (Appellate Authority of ICAI)
1. We have been informed by the Registrar of the Authority that Shri J. Venkateswarlu, one of the members of the Appellate Authority is not available for hearing the application for extension of time to dispose of these matters by Institute of Chartered Accountants of India on his being busy elsewhere today.
2. This order shall dispose of an application dated 17th January, 2020 filed by Respondent 1/Applicant Institute seeking extension of time by 6 months to conclude the proceedings in the above case pending before it. The application is contested by the non-applicant/Appellant.
3. We have heard the Learned Counsel for the parties and have examined the file.
4. It is a matter of record that vide order dated 01.11.2018, this Authority had remanded these appeals and the Disciplinary Committee (DC) was directed to dispose of the cases within 6 months from the receipt of the order. The outer limit for disposal of the matter pending before Disciplinary Committee expired on 01.05.2019. The DC did not proceed with the matter; no extension was sought from the Appellate Authority. The DC issued notice to the non-applicant after the expiry of the period of 6 months on 08.07.2019. Learned Counsel for the non-applicant urged that the proceedings initiated by the DC are in violation of the direction of this Authority. DC was grossly negligent in not complying with the directions. The non-applicant had moved an application before the DC raising preliminary legal objection, but it was not taken note of. The non-applicant was not given reasonable opportunity of being heard and in a hurry, the DC passed an order holding the non-applicant ‘guilty’. The said order is non-est in law and DC had no jurisdiction to adjudicate the matter.
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