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Narayanan Nambudiri vs Institute Of Chartered Accountants Of ... on 27 October, 2005

8. Similarissue came up for consideration before the Division Bench of the Punjab High Court in Institute of Chartered Accountants of India v. V.K. Verma AIR 1965 Punjab 295. The court while interpreting section 21 (1) of the Chartered Accountants Act held that the occasion for an enquiry by the Disciplinary Committee arises on a reference to it of a charge or charges against a member of the Institute after the Council has done its preliminary statutory duty of forming an opinion that there exists a Prima facie case of professional or other misconduct against the member. The court held without such a reference there could be no proceedings before the Disciplinary Committee.

Narayanan Nambudiri vs Institute Of Chartered Accountants Of ... on 27 October, 2005

8. Similar issue came up for consideration before the Division Bench of the Punjab High Court in Institute of C.A., India v. V.K. Verma, AIR 1965 Punjab 295. The court while interpreting Section 21(1) of the Chartered Accountants Act held that the occasion for an enquiry by the Disciplinary Committee arises on a reference to it of a charge or charges against a member of the Institute after the Council has done its preliminary statutory duty of forming an opinion that there exists a prima facie case of professional or other misconduct against the member. The court held without such a reference there could be no proceedings before the Disciplinary Committee.

Eastern Railway Employees' Congress vs General Manager, Eastern Railway And ... on 10 December, 1964

42. What opportunity would be proper or adequate in a given case would depend upon its circumstances. T am of the opinion that, having regard to the circumstances of this case, the impugned order has been made without giving proper 'opportunity' to show cause as required by Rule 1, and hence, the impugned order has been vitiated by want of jurisdiction. It also contravenes the principles of natural justice in so far as they are implicit in the Rule itself, just as the obligation to comply with the principles of natural justice has been deduced by the Supreme Court from the expression 'reasonable opportunity to show cause' in Article 311(2) of the Constitution, Joseph John v. State of T. C., (S) ; Union of India v. Verma, ; State of M. P. v. Chintaman AIR 1961 SC 1623 (1629). My conclusion, in short, is that one of the two charges does not constitute 'due cause' and the other charge violates the procedural requirement of the statutory Rule and the principles of natural justice, so that the impugned order s ultra vires and void in toto.
Calcutta High Court Cites 13 - Cited by 5 - Full Document

Partha Ghosh & Anr vs The Institute Of Chartered Accountants ... on 11 October, 2017

6. Mr S. Ganesh, learned Senior Counsel appearing for the petitioners earnestly contended that there was no reason to support the prima facie opinion or indicate the basis thereof and, therefore, the prima facie opinion that the petitioners were guilty of professional misconduct, was not legally valid. He further contended that this was a jurisdictional requirement and the failure of a valid prima facie opinion had rendered further proceedings as invalid. He relied on the decision of the Punjab and Haryana High Court in Institute of Chartered Accountants of India v. V.K. Verma: AIR 1965 Punjab 295 and the decision of the Kerala High Court in V.K.S. Narayanan Nambudiri v. Institute of Chartered Accountants and Anr.:
Delhi High Court Cites 11 - Cited by 1 - V Bakhru - Full Document
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