Order of reprimand uphold as provisions of section 21 of CA Act, duly complied & member found guilty

Institute of Chartered Accountant of India Vs Nitin D. Desai Chartered Accountant (Bombay High Court)

Bombay High Court held that provisions of section 21 of the Chartered Accountant Act, 1949 duly complied and respondent found guilty. Accordingly, held that order of reprimand of the respondent will serve the ends of justice.

Facts- It is the case of the petitioner that it received a complaint dated 11.01.1999 from one Santosh Kumar Surajbhan Goel from Pune alleging that the respondent Shri Nitin D. Desai, a Chartered Accountant registered with the Institute, had written a letter to members of the Poona Club Ltd., soliciting their clientele in the guise of canvassing for votes during the said club’s Executive Committee elections.

On considering the contents of the complaint, the written statement and the rejoinder, the petitioner, in terms of Regulation 12 (11) of the Chartered Accountants Regulations, 1988, in its meeting held in September 2003, arrived at a prima facie opinion that the respondent was guilty of profession and other misconduct and referred the case to the Disciplinary Committee constituted under the provisions of Section 21(1) of the Act, for conducting an inquiry into the complaint and submitting a Report.

The Disciplinary Committee was also of the opinion as recorded in its findings, that the respondent was also in breach of Clause (7) of Part I of the First Schedule to the Chartered Accountants Act.

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