Document Fragment View
Fragment Information
Showing contexts for: code of discipline in Council Of The Institute Of Chartered ... vs C.H. Padliya And Co. And Ors. on 24 November, 1976Matching Fragments
22. Applying the aforesaid principles and tests, we shall consider the evidence on record in order to ascertain whether the guilt of the respondent-chartered accountant by allowing his articled clerk, Shri Vijay Kumar Gupta, who engaged himself in the service of the Liberty Insurance Co. Ltd., Indore, during the period of his articles has been established. From the leading of regln. 36, it admits of no doubt that the Regulation by itself does not saddle any obligation on the chartered accountant to hold a surveillance on the movements of the articled clerk, except that he is under a statutory duty and obligation to see that the clerk is properly trained. The insistence of proper and adequate training of the articled clerk by the chartered accountant must be considered to be in public interest as a duty and obligation is cast on the accountant to see that the clerks are trained properly and adequately so that the public can entrust to them their audit woik. The accountant also should not take any one as an articled clerk, if he is already in business and he should not also permit him to engage in any business during the period of training. Any breach of such principle must be held to be misconduct which renders him unfit to be a member of the Institute. As the conduct of the articled clerk in engaging himself in any other business or employment during the period of his training, is considered to be improper, the conduct of the accountant in conniving at such conduct or consciously and knowingly making it possible for the articled clerk to breach rules and regulations intended and framed for the benefit of the public, must be held to be equally improper which amounts to misconduct. Such norms of conduct have been prescribed for the chartered accountant as well as the articled clerk with the sole aim and object of giving full, proper and adequate training to the articled clerk, who would become future accountant and also to maintain self-discipline and code of conduct, which would enhance the prestige and dignity of the profession of the chartered accountant.