In a disciplinary matter before the Institute of Chartered Accountants of India (ICAI), Chartered Accountant Ravi Kumar Bhatter was held guilty for professional misconduct under Rule 18(8) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007. The case was initiated following a complaint by Vineet Rai, Deputy Registrar of Companies, Ministry of Corporate Affairs, who alleged that the CA had certified a forged board resolution submitted via Form MGT-14 dated 30.07.2014. The resolution, uploaded on 29.08.2014, contained allegedly copy-pasted signatures of directors Mr./Ms. Shashi Agarwal and Mr. Manoj K. Agarwal. The Complainant contended that this certification amounted to suppression of material facts and a breach of professional duty. During the hearings, it was noted that the Respondent did not attend the session held on 22nd March 2023. However, he was present via video conferencing at the final hearing on 27th April 2023, during which he admitted to the lapse, claiming that he failed to notice the copy-pasted signatures at the time of certification. He pleaded guilty and requested leniency. The Committee, after considering his admission and the facts of the case, concluded the proceedings and unanimously found him guilty.
Despite being given an opportunity to be heard on May 14, 2024, and having previously received an adjournment on April 2, 2024, CA. Bhatter did not respond, leading the Committee to proceed ex-parte. The Committee affirmed the finding of professional misconduct. As a result, CA. Ravi Kumar Bhatter has been reprimanded and fined Rs. 10,000, payable within 90 days. Failure to pay the fine will result in his name being removed from the Register of Members for 30 days.
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
(Set up by an Act of Parliament)
[DISCIPLINARY COMMITTEE [BENCH-I (2024-2025)]
[Constituted under Section 21B of the Chartered Accountants Act, 1949]
ORDER UNDER SECTION 21B(3) OF THE CHARTERED ACCOUNTANTS ACT, 1949 READ WITH RULE 19(1) OF THE CHARTERED ACCOUNTANTS (PROCEDURE OF INVESTIGATIONS OF PROFESSIONAL AND OTHER MISCONDUCT AND CONDUCT OF CASES) RULES, 2007.
In the matter of:
Shri Vineet Rai
-Vs.-
CA. Ravi Kumar Bhatter
[PR/G/60H/2022/DD/193/20221DC11625/2022]
Members present:
i) CA. Charanjot Singh Nanda, Presiding Officer
ii) Shri Jugal Kishore Mohapatra, IAS (Retd.) (Government Nominee)
iii) CA. Gyan Chandra Misra, Member
Date of Hearing : 14.05.2024
Date of Order : 20.08.2024
1. That vide findings dated 09-06-2023 under Rule 18(17) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, the Committee noted that Ravi Kumar Bhatter (hereinafter referred to as the e Respondent”) was held GUILTY of professional misconduct falling within the meaning of item (7)of Part I of the Second Schedule to the Chartered Accountants Act 1949.
2. That pursuant to the said findings, an action under Section 216(3) of the Chartered Accountants (Amendment) Act, 2006 was contemplated against the Respondent and a communications dated 03-05-2024 was addressed to him thereby granting opportunities of being heard in ‘person / through video conferencing and to make written & verbal representation before the Committee on 14-05-2024.
3. The Committee noted that despite serving notice for hearing to the Respondent, the Respondent has not responded. The Committee observed that in its previous hearing held on 2ndApril 2024, an adjournment was sought by the Respondent and the same was granted to him. Accordingly, since one adjournment was already granted to the Respondent, the Committee decided to proceed with the matter ex-parte.
4. The Committee considered the reasoning as contained in findings holding the Respondent Guilty of Professional misconduct vis-a-vis written submissions of the Respondent.
5. The Committee thus viewed that the Professional misconduct on the part of the Respondent has been established within the meaning of item (7) of Part I of Second Schedule to the Chartered Accountants Act, 1949.
6. Keeping in view the facts and circumstances of the case, material on record and based on the findings of the Committee, the. Committee ordered that the Respondent, Ravi Kumar Bhatter be reprimanded and also imposed a fine of Rs. 10,0001- (Rupees Ten Thousand only) upon him to be paid within 90 days of receipts of this Order. The Committee also ordered that if the Respondent fails to pay the fine within the stipulated period as aforesaid, his name be remov6d from the Register of Members for a period of 30 days.
Sd/-
CHARANJOT SINGH NANDA
(PRESIDING OFFICER)
Sd/-
(SHRI JUGAL KISHORE MOHAPATRA, I.A.S.
(RETD.)) (GOVERNMENT NOMINEE)
Sd/-
(CA. GYAN CHANDRA MIS R)
(MEMBER)
DATE: 20.08.2024
PLACE: NEW DELHI
