M JOSEPH LOUIS ALOYSIUS vs THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29.01.2025 + LPA 595/2017 M JOSEPH LOUIS ALOYSIUS .....Appellant Through: Mr. S. Ravi Shankar, Ms. Ruhini Dey and Ms. Yamunah Nachiar, Advs versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS .....Respondents Through: Ms. Pooja Mehra Saigal, Sr. Adv for R-1 CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE REKHA PALLI, J (ORAL) 1. The present Letters Patent Appeal under Clause 10 of the Letters Patent seeks to assail the orders dated 20.11.2014 and 06.07.2017 passed by the learned Single Judge in W.P. (C) NO.5899/2013. 2. Vide the first impugned order dated 20.11.2014, the learned Single Judge has dismissed the writ petition preferred by the appellant challenging the order dated 17.07.2012 passed by the Appellate Authority of the respondent no.1/ The Institute of Chartered Accountants of India (ICAI), disposing of his appeal by modifying the penalty imposed on him by the Board of Discipline (BoD) under Section 21A of the Chartered Accountants Act, 1949 (‘the Act’). We may at this stage itself note that the BoD had after holding the appellant guilty of ‘other misconduct’ as envisaged under Clause (2) of Part IV of the First Schedule to the Act, imposed a penalty of removal LPA 595/2017 Page 1 of 14 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:31.01.2025 11:25:30 of his name for a period of three months from the register of members of respondent no.1 alongwith a fine of Rs.10,000/-. This penalty was modified by the Appellate Authority to that of reprimand alongwith the same fine of Rs.10,000/- as imposed by the BoD. 3. The writ petition preferred by the appellant, we find, was dismissed by the learned Single Judge on 20.11.2014 primarily on the ground