Suresh Kait, J.

1. This reference is made under Section 21(5) of the Chartered Accountants Act, 1949 (hereinafter to be referred as Act) in pursuance of report dated 03.02.2002 of Disciplinary Committee of the Institute of Chartered Accountants. The Council of the Institute vide its decision dated 05.02.2004, under Section 21 of the Act, has recommended to this Court that the Respondent be removed from the Register of Members for a period of six months by confirming the punishment proposed by the Council in respect of Sh.Y.K. Gupta, CA, New Delhi (hereinafter referred to as Respondent). Simultaneously, the Respondent has also challenged the said decision of the Council by filing the suit for declaration, mandatory injunction and perpetual injunction which was dismissed by the learned Civil Judge vide order dated 12.08.2000. The same was also dismissed as infructuous vide order dated 01.05.2004 when it went in for revision. By challenging the same, the Respondent has preferred RSA No. 180/2004 which is tagged with the Reference.

2. The Central Bureau of Investigation, Special Crime Branch, New Delhi, through Sh.J.C. Dabas, the then Superintendent of Police (hereinafter to be r