1. Heard Sri Rakesh Ranjan Agrawal, learned Senior Advocate, assisted by Sri Suyash Agarwal, counsel for the petitioner, Sri Vinod Swarup, learned counsel for the respondent no. 4 and learned counsel for Union of India.

2. By the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24.9.2011 passed by the respondent no. 2 whereby the learned Authority has affirmed the order of Board of Discipline dated 03.02.2011, in terms of which the petitioner was awarded punishment of removal of his name from the register of Member of Institute of Chartered Accountants of India for a period of one month. The Board of Disciplinary Committee held the petitioner guilty of professional misconduct within the meaning of clause (9) of Part I of the First Schedule under Section 21(3) of Chartered Accountants (Amendment) Act, 2006 and awarded him punishment.

3. The brief facts of the case are that Agra Club Ltd. is a company incorporated under Section 25 of the Companies Act, 1956. The said company issued AGM dated 20.12.2006. Item no. 3 of the said notice read "open to appoint auditor and fix their remuneration"(the retiring auditor