ICAI Press Release-Ref to Newspaper Report published in Times of India, Delhi edition dated Nov 2, 2014. – (11-11-2014)
ICAI Press Release
November 10, 2014
This has reference to the Newspaper Report published in Times of India, Delhi Edition dated 2nd November, 2014, wherein it has been alleged that a disciplinary complaint has been filed by the promoters of M/s. Packwell Manufacturers (Delhi) Pvt. Ltd., a Delhi based company against CA. Sanjiv Kumar Bindal, a Delhi based Chartered Accountant and no progress seems to have been made by Disciplinary Directorate of ICAI.
In this regard, CA.K.Raghu, President, ICAI shared the factual position of the on-going Disciplinary case.
He informed that a complaint was filed by Ms. Gudiya Gupta of M/s. Packwell Manufacturers (Delhi) Pvt. Ltd. on 12th November, 2013.As per the procedure followed by the Disciplinary Directorate of ICAI, the complaint was registered and forwarded to the Chartered Accountant (respondent) for filing his written statement. The reply was received from him on 31st December, 2013.
Further, the Complainant had filed her rejoinder dated 30th January, 2014 on written statement of the respondent. Thereafter, the matter was examined for additional documents, if any, required from the parties in terms of Rule 8(5) of the Chartered Accountants (Procedure of Investigations of Professional and other Misconduct and Conduct of Cases), Rules, 2007. Subsequent to the receipt of further documents from the Complainant, the matter was ordered for processing on 25th August, 2014 for formation of Prima facie opinion of the Director (Discipline) in terms of Rule 9 of the aforesaid Rules.The matter is currently under examination for formation of Prima facie opinion by the Director (Discipline). Thus,the matter reported in certain sections of the media that ICAI has been sitting on the complaint without taking any action is incorrect. All necessary efforts are being made to expedite further course of action in the said matter.
CA.K.Raghu said “There could be a perception with the complainant that there is delay in delivery of imparting justice in some cases filed in ICAI. But it needs to be understood that the law has to take its own course and it may take little time but ICAI is committed to ensure justice & uphold the values of excellence, independence & integrity.”
Source- ICAI
I had submitted a complaint in March 2015 and till Sept 2019, the matter has not moved beyond holding the respondent guilty of professional misconduct. The Disciplinary Committee functions simply to protect its members but its functioning and diplomatically evasive replies smell of large scale corruption going on. There is no place where a complainant can go to redress its grievances.
if Disciplinary Directorate of ICAI working this way then people lost his faith on it. Cases are pending so long 4-5 years. I think it is simple process to save CAs by delaying case. no transparent mechanisms to know the status of complaints. In CIC we know the status and pend ency of our case.
Disciplinary Directorate of ICAI,
Disciplinary Directorate of ICAI,
For the CA’s… By the CA’s to SAVEthe CA’s
ICAI Delhi is nothing. Only time pass and provide safe guard to CA for mis conduct in professional duty. Generally Complaints pending since last 4-5 years without result. Only delay, delay, delays……. Why? If there is more disciplinary complaints then make sure some more meetings, Staff. Provide online Status of case without details and next action and time limit. Otherwise delay means simple corruption. I think current nature of this institute is political not professional.
We are also having the very bad experience with our complaints. Even they are reluctant to reply my mails whether … firm/individual who is claiming himself as FCA and use trade mark of CA without are members of their organisation? Should we trust a balance sheet which might be signed by a Genuine CA or Bogus CA? Should we trust the audit reports which might be prepared by genuine CA or Bogus CA. Because regulatory institutes are interested in their subscriptions not the interest of the CA Community.
I had filed complaint on 16th October, 2008 against CA. S**** B***a P***
On 31st December, 2008 the said complaint was forwarded to the Respondent asking him to file his Written Statement.
On 3rd February, 2009 the Respondent filed his Written Statement.
On 9th February, 2009 the said Written Statement was forwarded to me asking me to file my Rejoinder.
On 2nd March, 2009 I filed my Rejoinder.
On 4th July, 2011 the Hon’ble Forum concluded that – to quote “it appears that the Respondent has failed to disclose/report a material fact/misstatement known to him and he does not exercise due diligence in the conduct of his professional duties. In view of the above, I am of the prima facie opinion that the Respondent is prima facie guilty of professional misconduct … …” – end quote.
On 5th September, 2011 the above mentioned prima facie opinion was forwarded to the Respondent by the Hon’ble Forum asking him to file his Written Statement.
On 30th September, 2011 the Respondent filed his Written Statement.
On 8th October, 2011 the said Written Statement was forwarded to me asking me file my Rejoinder to the same.
On 21st October, 2011 I filed my Rejoinder to the Written Statement.
On 28th November, 2011 the Hon’ble Forum fixed a meeting to be held on 5th December, 2011.
On 5th December, 2011 I was present at the venue and after waiting for more than 5 (five) hours the Respondent informed the Hon’ble Forum that the Respondent’s counsel was pre-occupied with other commitments he was unable to appear for the meeting. The Hon’ble Forum adjourned the meeting on the request of the Respondent without considering that I was coming from Kolkata and had to incur huge cost to appear for the meeting apart from setting aside my other professional obligations.
Upon request from the Hon’ble Forum on 5th December, 2011 I submitted my submissions and notes for arguments reiterating my claims against the Respondents.
The said submissions and the notes for arguments were forwarded to the Respondent asking him file his replies to the same.
On 14th December, 2011 the Respondent filed his reply to my submissions.
On 8th May, 2012 the Hon’ble Forum fixed a meeting to be held on 29th May, 2012.
This time due to some pre-occupancy, I, well in advance, requested the Hon’ble Forum to kindly adjourn this meeting to a next suitable date.
On 13th September, 2013 the Hon’ble Forum fixed another meeting on 26th September 2013.
On 23rd September, 2013 I was informed that the meeting fixed for 26th September, 2103 had been adjourned.
On 27th September, 2103 I was informed that the Hon’ble Forum had fixed another meeting for 7th October, 2013.
Despite the short notice, I was present on the designated date at the scheduled time. The events that occurred on that day were as follows:
a. Upon landing in New Delhi at about 9:15 am, I informed Ms. Mohita Khanna, Assistant Secretary, Disciplinary Directorate that I along with Counsel were on our way to the venue of the meeting and she confirmed that our matter is scheduled as ‘Matter No. 1’ and would come up for hearing at 10:00 am.
b. At about 9:45 am I was the first person present in the premises of the office of the Institute of Chartered Accountants of India, ICAI Bhawan, New Delhi.
c. On reaching I was asked to fill in the attendance sheet and asked to submit an authority letter for my counsel to appear along with me.
d. I submitted the authority letter duly signed by me.
e. Thereafter I was shunted around the building and after waiting till about 1:00 pm I was informed that since my matter was lengthy and the President of the Institute of the Chartered Accountants of India wished to preside over the matter, my matter would be taken up immediately after lunch, i.e. at 3:00 pm.
f. I made myself available at 2:45 pm when a Member of the Disciplinary Committee informed me that my matter would be taken up first after the Committee resumes post lunch, i.e. at 3:30 pm.
g. Till about 6:00 pm neither was anyone present to address my grievances nor was I informed when my matter would be taken up.
h. I was of the belief that the Institute of Chartered Accountants of India closes its office for the day at 5:30 pm and with this impression I had booked my return tickets for a late evening flight. In either event, my Counsel had been engaged by me for appearance on that date and only till the closing time referred to hereinabove, and he would not be available beyond that time – if he missed the flight back to Kolkata, he would fail on commitments made by him the next day.
i. Finally at about 6:15 pm finding no other remedy I was compelled to submit a letter with the Disciplinary Committee.
Since 07th October, 2013 I am still to hear anything from the Director Discipline of the Disciplinary Committee, The Institute of Chartered Accountants of India.
The stream of events mentioned above should be elaborate enough to substantiate the fact the prompt action by the Director Discipline of the Disciplinary Committee, The Institute of Chartered Accountants of India.
I am also not stify with working system of Disciplinary of ICAI, it just an eye washing committee,refer complaint DD-55/2011 Balasheb Patil V/S M/s P G Ghali & co, the same disciplinary has taken nearly two and half years to come to the Prima-Facie , the ICAI is giving protection to their Members.