Delhi High Court - Orders
Shiv Raj Singh vs The Board Of Discipline Of Icai & Anr on 6 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1450/2023 & CM APPL. 5442/2023
SHIV RAJ SINGH ..... Petitioner
Through: Mr. Manish Jain, Mr Rakesh Wadhwa
& Ms Itisha Gulati, Advocates. (M:
(9810470103)
versus
THE BOARD OF DISCIPLINE OF ICAI & ANR. ..... Respondent
Through: None
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 06.02.2023
1. This hearing has been done through hybrid mode.
2. The grievance of the Petitioner in the present matter is that the Respondent No.1- The Board of Discipline of ICAI is not pronouncing judgment in the complaint filed by the Petitioner against one chartered accountant, Mr. Kamal Jain.
3. The background of the matter is that the Petitioner filed a complaint bearing Ref. No. PR-37/14/DD/69/2014/BOD/379/2017 under section 21 of the Chartered Accountants Act, 1949 against Mr. Kamal Jain on 28th January, 2014. A reply to the said complaint was filed on 8th January, 2015 and the Petitioner filed his rejoinder on 12th February, 2015. The Board of Discipline of ICAI formed the prima facie view that Mr. Kamal Jain is guilty of misconduct on 21st October, 2017.
4. It is the case of the Petitioner that despite the prima facie view being already taken by Respondent No.1 and final hearing being concluded on 26th Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.02.2023 19:36:27 April, 2022, no final order has been passed by Respondents till date. Submission of ld. Counsel for the Petitioner is that the chartered accountant had acknowledged his misconduct during the course of hearing. He, thus, prays that video recording of the said hearing ought to be preserved by the Board of Discipline, ICAI.
5. None appears for the Respondents despite advance service by email.
6. Issue notice. Let a copy of the video recording of the hearing be placed on record by the Respondents along with the counter affidavit within 6 weeks.
7. In the meantime, it is directed that ICAI shall pass its final judgment within one month of service of this order upon the ICAI.
8. Registry to send a copy of this order to the Board of Discipline, ICAI. In addition, this order shall also be served upon Mr. Pooja Saigal, ld. Counsel for ICAI.
9. The order passed by the Respondents in accordance with the directions given above shall be placed on record before the next date of hearing.
10. List on 24th May, 2023.
PRATHIBA M. SINGH, J.
FEBRUARY 6, 2023/dk/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.02.2023 19:36:27