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2015 Supreme(Del) 79

VIBHU BAKHRU
Naresh Tharad – Appellant
Versus
Institute of Chartered Accountants of India – Respondent


Advocate Appeared
For the Petitioner:Subhiksh Vasudev, Karanveer Jindal, MsYukti, Advocates.
For the Respondents:R1, J.S. Bakshi, A.S. Bakshi, Ankush Sharma, R2, Saakshi Agarwal, Advocates, Anil Soni, CGSC.

Judgment

Vibhu Bakhru, J.

1. The petitioner has filed the present petition seeking quashing of the report of the Disciplinary Committee of the Institute of Chartered Accountants of India (hereafter ‘ICAI’) dated 10.02.2012 (hereafter the ‘impugned report’).

2. According to the petitioner a fair opportunity for being heard has been denied to him. The limited controversy to be considered is whether the proceedings before the Disciplinary Committee of the ICAI (hereafter the ‘Disciplinary Committee’) fall foul of the principles of natural justice.

And, whether any interference is warranted by this Court at this stage of the disciplinary proceedings in question.

3. Briefly stated the facts to relevant for considering the issues involved are as under:-

3.1. A complaint dated 03.03.2009, in respect of alleged misconduct on the part of the petitioner, was received from respondent no. 2. The said complaint was forwarded to the petitioner, who filed his written statement and thereafter, a rejoinder was filed by respondent no.2. After examining the said documents, Director (Discipline), ICAI rendered a prima facie opinion dated 04.05.2010 wherein the petitioner was held to be prima facie guilty of


























































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