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2023 Supreme(Del) 2065

PRATHIBA M. SINGH
Rajiv K Adlakha – Appellant
Versus
Institute of Company Secretaries of India – Respondent


Advocates appeared:
Petitioner in person.
Mr. Amarjit Singh Chandhiok, Senior Advocate with Ms. Purva Kohli Advocates, for the Respondent-1 & 2.
Mr. Pragyan Pradeep Sharma, Advocate, for the Respondent-3.
Mr. Kartikay Dutta, Advocate, for the Respondent-4.
Mr. Sushil Kumar Pandy, Senior Panel Counsel with Mr. Vedansh Anand, G.P. & Mr. Kuldeep Singh, Advocate, for the Respondent-5.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The Petitioner-Mr. Rajiv Adlakha challenges the impugned order dated 27th/28th June, 2022 passed by Respondent No.2-Board of Discipline, Institute of Company Secretaries of India (ICSI) in DC/890/2022 titled Rajiv Kumar Adlakha v. Ashok Kumar Dixit. Vide the impugned order, the complaint filed by the Petitioner against Respondent No.3-Mr. Ashok Kumar Dixit, Director (Discipline), ICSI, under section 21 of the Company Secretaries Act, 1980 (hereinafter `Act') has been closed by Respondent Nos.1 and 2.

3. At the outset, Respondent No.4 who has been impleaded in person, is deleted from the array of parties.

4. The submission of the Petitioner-Mr. Adlakha, who appears in person, is that since Respondent No.3 is himself Director (Discipline), the impugned order could not have been passed by the Board of Discipline. It is his submission that the complaint can only be looked into by the Director (Discipline) in terms of Act and Rules. In the case at hand, Respondent No.3 recused from the Disciplinary case No. 890/2022 as he was the Respondent in the said case. It was only after the recusal that the

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