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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Naginchand Khincha, S/o Hukmichand Khincha – Appellant
Versus
Board Of Discipline, Institute Of Chartered Accountants Of India – Respondent
| Table of Content |
|---|
| 1. overview of the disciplinary proceedings against the petitioner (Para 1 , 2 , 3 , 4 , 12) |
| 2. court's reflections on due process and misapplication of disciplinary charges (Para 5 , 18 , 20) |
| 3. arguments regarding the legality and fairness of the disciplinary proceedings (Para 6 , 8 , 11) |
| 4. principle of useless formality in the context of procedural violations (Para 21 , 22) |
| 5. order allowing the writ petition and quashing the previous findings (Para 23) |
ORDER :
E.S. INDIRESH, J.
1. In this Writ Petition, the petitioner is assailing the order dated 10.02.2018 (Annexure-A) issued by the Institute of Chartered Accountants of India - respondent herein.
2. It is the case of the petitioner that, the petitioner is a Chartered Accountant having experience of more than four decades. It is further stated that, the CBI has filed charge sheet against the petitioner along with one Mr. Nagaraj, an Income Tax Officer (for short, ITO) under the provisions of the Prevention of Corruption Act, 1988 (for short, 'the PC Act') in Spl. CC. No.130/2013 which is pending consideration before the Special Court of CBI Offences. It is further pleaded in the Writ Petition that, the petitioner has a
Disciplinary proceedings against a professional cannot proceed without clearly defined charges, especially when criminal proceedings are ongoing; failure to follow natural justice principles renders ....
The main legal point established in the judgment is the limited scope of judicial review under Article 226 of the Constitution of India in disciplinary matters, emphasizing that the review is to ensu....
The power of judicial review under Article 226 of the Constitution of India is to ensure that the processes are in consonance with the statute and rules in force, but not to adjudicate disputed issue....
The availability of an alternative remedy does not bar the filing of a petition under Article 226 of the Constitution of India, especially in cases involving a violation of the principle of natural j....
The final decision on the action against the petitioner is appealable to the Authority under Section 22G, and the court provided interim protection for the petitioner to approach the Appellate Author....
Inordinate delay in disciplinary proceedings denies fair defence opportunity, warranting quashing.
Disciplinary proceedings must adhere to specified regulations; lack of defined misconduct requires clarity for fairness.
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