Appellant, a member of an audit firm, was involved in auditing work for a bank . Some suspicious transactions occurred in bank’s branch, but they were not flagged by audit firm . Complainant bank registered a complaint with Director (Discipline), who initially found appellant not guilty of any misconduct . However, Board of Discipline disagreed and decided to refer matter to Disciplinary Committee . Appellants challenged action of Board in High Court via a writ petition, seeking to declare rule 9(3)(b) of Rules, 2007 invalid on ground that this rule was ultra vires section 21A(4) . However, Division Bench of High Court rejected this challenge and upheld validity of rule 9(3)(b) of Rules, 2007 – Rule 9(3) provided additional option to Board for proceeding to deal with complaint by itself or referring it to Disciplinary Committee . Court held that rule 9(3)(b) is completely in sync with object and purpose of framing Chapter on ‘Misconduct’ under Act . Further, even if rule 9(3) could not be saved under section 29A(2)(c), it directly related to furthering purposes of Act in ensuring that a genuine complaint of professional misconduct against member was not wrongly thrown out at very threshold and therefore, impugned rule fell within scope of general delegation of power under section 29A(1) . Appeal is dismissed .
Naresh Chandra Agrawal v. Institute of Chartered Accountants of India (2024) 298 Taxman 91 (SC)
Chartered Accountants Act, 1949.
S. 21A :Board of Discipline – Professional misconduct – Power of Central Government to make rules – Matter referred to Disciplinary Committee – Reference is held to be valid – Apppeal is dismissed . [S. 21A(4),29A(1) Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 , Rule 9(3)(b) ]