Disposed

Dinesh Yashawant Supekar v. Disciplinary Committee Bench v the Institute of Chartered Accountants of India & Anr.

Delhi HC17 May 2024W.P.(C)/6862/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of two writ petitions challenging disciplinary orders. Relying on a coordinate bench's reasoning in an identical matter regarding a vacant appellate authority chairperson, the court directed that the impugned orders remain unimplemented until the appeal hearings are concluded, alongside pending applications.

What did the court decide?

Petitions disposed of; impugned punishment orders not to be implemented till preliminary hearing of appeal.

Dinesh Yashawant Supekar Vs Disciplinary Committee… — Service and Employment | Delhi HC (2024)

¶1

$~134 & 135

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 6862/2024 & CM APPLs. 28639/2024, 28640/2024

¶4

DINESH YASHAWANT SUPEKAR ..... Petitioner

¶5

Through: Mr. Mukul Rohatgi, Sr. Advocate with Mr. V.P. Singh, Mr. Kamal Shankar, Mr. Allwyn, Mr. Gautam Varma, Mr. Atul N. and Mr. Arjun Narang, Advocates.

¶6

versus

¶7

DISCIPLINARY COMMITTEE BENCH V THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR.

¶8

..... Respondents Through: Mr. Ramji Srinivasan, Sr. Advocate with Ms. Pooja M. Saigal, Ms. Nipun Gupta and Mr. Ishank Jha, Advocates.

¶9

W.P.(C) 6863/2024 & CM APPLs. 28641/2024, 28642/2024 NEERAJ KUMAR GUPTA ..... Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. V.P. Singh, Mr. Kamal Shankar, Mr. Gautam Varma, Mr. Atul N. and Mr. Arjun Narang, Advocates.

¶10

versus

¶11

DISCIPLINARY COMMITTEE BENCH V THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR.

¶12

..... Respondents Through: Mr. Ramji Srinivasan, Sr. Advocate with Ms. Pooja M. Saigal, Ms. Nipun Gupta and Mr. Ishank Jha, Advocates.

¶13

CORAM:

¶14

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

¶15

Page 1 of 3

¶16

W.P.(C) 6862/2024 & W.P.(C) 6863/2024

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 11:48:15

¶19

O R D E R

¶20

% 17.05.2024

¶21

The Petitioners have approached this Court challenging the Orders dated 22.01.2024 and 08.05.2024 passed by the Respondent/ICAI.

¶22

In an identical case, i.e., CA Bhupendra Singh Narayan Singh Rajput v. The Director (Discipline), Institute of Chartered Accountant of India & Anr., W.P.(C) 5329/2024, wherein a Coordinate Bench of this Court on 15.04.2024, has passed the following order:-

¶23

“2. The petitioner has challenged order dated 23.01.2024 passed by the Disciplinary Committee of the Institute of Chartered Accountants of India. Learned counsel for respondent no. 1 who has appeared on advance notice does not deny that currently, office of the Chairperson of the appellate authority is lying vacant, due to which jurisdiction of this court has been invoked. The order impugned in this writ petition is amenable to appellate scrutiny. Learned counsel for respondent no. 1 further explains that effect to the impugned punishment order can be given only by respondent no. 1 and he has instructions to assure that till the stay application in appeal filed by the petitioner is heard, the impugned punishment order shall not be implemented.

¶24

3. Accordingly, as requested by both sides, the present petition is disposed of with the directions that till the preliminary hearing of appeal filed by the petitioner, the impugned punishment order dated 23.01.2024 shall not be implemented. All pending applications accordingly stand disposed of.”

¶25

This said order shall mutatis mutandis apply to the Petitioners herein. 4. Liberty is granted to the Petitioners to approach this Court in case the order is violated.

¶26

Page 2 of 3

¶27

W.P.(C) 6862/2024 & W.P.(C) 6863/2024

¶28

This is a digitally signed order.

¶29

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 11:48:15

¶30

With these observations, the petitions are disposed of along with pending application(s), if any.

¶31

SUBRAMONIUM PRASAD, J

¶32

MAY 17, 2024 hsk

¶33

Page 3 of 3

¶34

W.P.(C) 6862/2024 & W.P.(C) 6863/2024

¶35

This is a digitally signed order.

¶36

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2024 at 11:48:15

Dinesh Yashawant Supekar v. Disciplinary Committee Bench v the Institute of Chartered Accountants of India & Anr.

Case brief

What is this about?

What did the court decide?

Dinesh Yashawant Supekar v. Disciplinary Committee Bench v the Institute of Chartered Accountants of India & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 & Ors.

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 & Ors.

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 & Ors.

Chuknoo Securities Limited through Its Director Sanjeev Agarwal Vs Dy Commissioner of Income Tax Central Circle 28 Delhi & Ors.

Chhavi Vs University of Delhi

Pegasus Assets Reconstruction Co. Ltd. Vs Kotak Mahindra Bank Ltd.

Pankaj Sharma Vs Insurance Ombudsman and Anr.

Sks College of Education Vs National Council for Teacher Education & Ors.

Oyo Hotels and Homes Pvt. Ltd. and Anr. Vs Micro and Small Enterprises Facilitation Council, South West Delhi & Ors.

M/S Yadav Labour Contractor Vs Gail (India) Limited and Anr.

Alliance Comnet Ltd. Vs Ministry of Corporate Affairs and Anr.

Nbcc (India) Ltd. Vs Micro and Small Enterprises Facilitation Council / District Magistrate (West), Government of NCT of

Dr Amrita Singh Vs Union of India and Anr.

Mall Road Vasant Kunj Resident Welfare Association Vs Ministry of Environment Forest and Climate Change & Ors.