24. With reference to the reliance by the Respondent on this Tribunal in R.K. Aggarwal v. SEBI (2001) 31 SCL 271: (2001) 42 CLA 254, the learned Senior Counsel stated that the facts in that case were clearly different from the facts in the present case. He explained the distinguishable features of the cases and stated that the view taken by the Tribunal in the said case cannot have any application to the present case .
He also stated that in R.K. Agarwal v. SEBI [2001] 31 SCL 279
(Mum.-Sat.),that inspite of the fact Shri R.K. Agarwal, former President
of Uttar Pradesh Stock Exchange, was found by SEBI to have interfered
with the surveillance department, he was only restrained from "holding
any public position in future as member of the Governing Board of the
office bearer of the exchange as well as any capital market related public
institutions" for 2 years. Shri Chinoy submitted that for having called for
certain information during the discharge of his duties, Shri Rathi has been
awarded as very heavy penalty.