Dismissed

O.K Varghese v. the Institute of Chartered Accountants of India and 4 Ors.

Bombay HC26 Jun 2018WP/826/2015

Case brief

AI extract

What is this about?

Writ petition challenging the unconstitutionality of Section 22G of the Chartered Accountants Act, 1949 and seeking quashing of an order dismissing a complaint. The court held the petitioner was not an aggrieved person and dismissed the petition.

What did the court decide?

The petition was dismissed on the ground that the petitioner was not an 'aggrieved person' and did not have locus standi.

O.K Varghese Vs the Institute of… — Constitutional and Fundamental Rights | Bombay HC (2018)

¶1

Megha 9_wp_826_2015.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

WRIT PETITION NO.826 OF 2015

¶4

Mr. O.K. Varghese …Petitioner

¶5

Versus The Institute of Chartered Accountants of India & Ors. ...Respondents

¶6

Mr. Ajit Anekar and Mr. Thomas James i/b. M/s. Auris Legal for the Petitioner.

¶7

Mr. Kapil Maye with Mr. Shreeyas Patel, Mr. Meit Sampat i/b. M/s. Little and Co. for the Respondent Nos.1 to 3.

¶8

CORAM : RANJIT MORE AND

¶9

SMT. ANUJA PRABHUDESSAI, JJ.

¶10

DATED: 26^th JUNE, 2018.

¶11

P.C.:-

¶12

Heard the learned counsel for the Petitioner and the

¶13

learned counsel for the Respondent Nos.1 to 3.

¶14

Petition is filed for the following reliefs :-

¶15

“a) That this Hon'ble Court be pleased to declare that Section 22G of the Chartered Accountants Act, 1949 in so far as it denies a Non-member a right to appeal against the decision of Respondent No.2 dismissing complaint, is ultra vires and contrary to Articles 14, 19 and 21 of Constitution of India and is consequently illegal, invalid, null and void and of no effect whatsoever.

¶16

b) That this Hon'ble Court be pleased to issue a writ of certiorary or writ in the nature of certiorari or any other appropriate writ, order or direction under

¶17

Megha

¶18

Megha 9_wp_826_2015.doc

¶19

Articles 226 of the Constitution of India calling for the records of proceedings in the complaint dated 4.2.2011 filed by the Petitioner and upon examining the legality thereof, quash and set aside the Order dated 15.2.2014, (EX F hereto) for closure of Petitioner's complaint and restore the complaint of the Petitioner.”

¶20

Section 22G of the Chartered Accountants Act, 1949 enables any member of the Institute of Chartered Accountants to institute an appeal to the Authorities in case he is aggrieved by the order of the Disciplinary Committee imposing any of the penalties referred to in sub-section (3) of Section 21A and sub-section (3) of Section 21B may within 90 days from the date on which the order is communicated to him. The proviso to Section 22G also enables the Director (Discipline) to file an appeal against the decision of the Board of Discipline or the Disciplinary Committee to the Authority within a period of 90 days. A plain reading of this provision clearly indicates that a person aggrieved by the order or decision of the Board of Discipline or the Disciplinary Committee can challenge the order of the Board or the Disciplinary Committee. Such provision is not arbitrary, unreasonable or discriminatory.

¶21

Coming to the facts of the petition, it appears that there was a dispute between the Petitioner and his brother. The Petitioner

¶22

Megha

¶23

Megha 9_wp_826_2015.doc

¶24

has lodged a complaint against the Respondent No.5 for giving an adverse report against him in the litigation between him and his brother. The Petitioner had therefore lodged a complaint with the Respondent No.3- Disciplinary Directorate, the Institute of Chartered Accountants of India. This complaint was investigated by the Respondent No.1-Institute of Chartered Accountants of India and prima facie an opinion is recorded that the Respondent No.5 is not guilty of professional misconduct falling within the meaning of clauses 6, 7, 8 and 9 of Part-I of the Second Schedule to the Chartered Accountants Act, 1949. The said decision does not prejudicially affect the Petitioner's right or interest. The Petitioner, who has no personal or individual right in the subject matter, cannot be said to be an “aggrieved” person so as to have a right to challenge the order passed by the Board of Discipline or the Disciplinary Committee.

¶25

In the light of above, the petition is devoid of any merit and is accordingly dismissed.

¶26

(SMT. ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.)

¶27

Megha

O.K Varghese v. the Institute of Chartered Accountants of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

O.K Varghese v. the Institute of Chartered Accountants of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shri. Ashiq Husain Akbaral Ali Bohari and Ors. Vs the State of Maharashtra, through Secretary, Agriculture, Animal Husbandry Development and Ors.

Shri. Ashiq Husain Akbaral Ali Bohari and Ors. Vs the State of Maharashtra, through Secretary, Agriculture, Animal Husbandry Development and Ors.

Bashir Moosa Patel Vs the Municipal Corporation of Greater Mumbai and 4 Ors.

Madhukar Bapu Gurav and Anr. Vs State of Maharashtra and 17 Ors.

Pradip Manohar Bhatkar Vs the State of Maharashtra

Mr. Satish Shivshanker Tripathi and Anr. Vs the Union of India through Ministry of Environment Foret and Climate Change and Ors.