Case Law Details
V. Venkata Siva Kumar Vs Union of India (Madras High Court)
Complaints made to the ICAI shall be enquired with an unbiased behaviour and by following the established principles of law
The Hon’ble Madras High Court in V. Venkata Siva Kumar v. Union of India & Ors. [W.P. No. 32279 of 2013 dated January 21, 2022] quashed the decision of Disciplinary Board of the ICAI against the Chartered Accountant alleged of committing of misconduct. Held that, the complaint filed is undoubtedly incomplete and cannot be relied upon and was not enquired properly and by following the established principles of law. Further, held that complaints made to the Disciplinary Authority shall be enquired in all aspects with an unbiased behaviour before passing an order and the reasons for forming any opinion is of paramount importance in an enquiry proceedings.
Facts:
V. Venkata Siva Kumar (“the Petitioner”) is a Chartered Accountant and lawyer by qualification and has been a member of the Institute of Chartered Accountants of India (“ICAI”) and working as a professor for students pursuing professional courses and in this capacity, the Petitioner has been a member of faculty of leading management and professional institutions.
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