Council Of Institute Of Chartered ... vs S. Srinivasa Iyer on 25 January, 1960
11. Relying on State of West Bengal v. Brindaban Chandra, AIR 1957 Cal 44 at p. 53 the Counsel for the accountant has then argued that his client cannot be found guilty of any misconduct as he was acting honestly, and that he cannot be guilty of negligence because such a charge has never been framed against him. We do not think, having regard to the correspondence which passed between the accountant and the Bank's Managing Director that the omission to state what he had advised would be regarded as reasonable conduct. Nor do we see how an honest person would hesitate to state what he had assured himself to be the correct position. Therefore the conduct of the accountant before us cannot be held to be either reasonable or honest.