( 1 ). The petitioner is a chartered accountant. On the basis of a complaint made by the respondent No. 4, the Council of the Institute of Chartered Accountants of India (Respondent No. 2) (hereinafter referred to as a Council) referred the case to the Disciplinary Committee to examine the question as to whether the petitioner was guilty of any professional or other misconduct. There were three charges framed against the petitioner. After examining the written submissions and hearing the petitioner, the disciplinary committee in its report dated 17. 01. 2000 in paragraph 8. 3 thereof recorded as under:- "8. 3 The Respondent admitted the first charge against him, which read as follows:-

"that the Respondent demanded and received large sums of money towards advance payment and claimed expenses beyond the eligibility /entitlement as pert RBI guidelines and failed to refund the unspent money. "the third charge was not examined by the disciplinary committee in view of the statement of the complainant that it had no evidence to support the same. Thus, in the inquiry report the disciplinary committee was concerned with the second charge only. In respect of this charg