Naresh Tharad vs The Institute Of Chartered ... on 20 January, 2015

delivered on: 20.01.2015 + W.P.(C) 4284/2012 & CM No. 8890/2012, CM No. 12079/2012 NARESH THARAD ..... Petitioner versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Subhiksh Vasudev, Mr. Karanveer Jindal and MsYukti. For the Respondents : Mr J.S. Bakshi, Mr. A.S. Bakshi and Mr.Ankush Sharma for R-1. Mr.Anil Soni, CGSC with Mr.Saakshi Agarwal for R-2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT

VIBHU BAKHRU, J

1. The petitioner has filed the present petition seeking quashing of the report of the Disciplinary Committee of the Institute of Chartered Accountants of India (hereafter 'ICAI') dated 10.02.2012 (hereafter the 'impugned report').

2. According to the petitioner a fair opportunity for being heard has been denied to him. The limited controversy to be considered is whether the proceedings before the Disciplinary Committee of the ICAI (hereafter the 'Disciplinary Committee') fall foul of the principles of natural justice.

W.P.(C) 4284/2012 Page 1 of 14

And, whether any interference is warranted by this Court at this stage of the disciplinary proceedings in question.

3. Briefly stated the facts to relevant for considering the issues involved are as under:-

3.1. A complaint