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bhavnesh (trainee)     22 April 2015

Ca professional misconduct legal action plan

Dear Members,

 

There is a case which i want your all professional opinions

While working with Company in the capacity of Finance Controller, CA has initiated some actions which are highly objectionable to the management.

 Whereas on 01 Apr 2014, he provided the details of Company employees to life insurance for getting the Mediclaim Policy.  The list comprised of 73 names wherein you had given names of two of your brothers (Mr. X & Mr. Y).  Also you had shown Ms. Z (your mother-in-law) as employee of company,  (father-in-law) as her husband and Ms. D (your wife) & Ms. AS (sister-in-law) as her daughters.  It was clearly known to him that it is not permitted to get the Mediclaim Policy for brothers.  Apart from this, transition of fraudulent data in respect of your in-laws family is also not in order.  However, here also he might be knowing that married daughters are also not covered in Mediclaim Policy.

 Whereas subsequently, in the records of Life insurance for Mediclaim Policy, Mr. X and Mr. Y were shown as employees.  However, the status of other persons mentioned above remained same.

 Whereas you failed to ensure the factual accuracy and correctness of data while submitting the same with Lif insurance.  As a result of above actions, the company has not only suffered undue financial loss but also come across the experience of infidelity.

Considering the above facts, the company has initiated an audit on all the actions taken by you while working with Company.  Until & unless, the final reports are received by the company, the payment of all your dues is being withheld.

As in the above case MR CA of the company professional misconduct and the company terminated him and now the company wants to take some legal action,

 

My views are that we should file a case u/s. 420 of criminal procedure and Civil Suit case can be file for the recovery of money,

but the company wants to issue Show cause notice to the company, and my suggestion is that he is not the employee of the company we cannot issue show cause notice to him

can experts guide me what should be done in the above case URGENT!



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 April 2015

Give a written complaint and keep a copy with you addressed to the Institute of chartered accountants of India on C.A. misconduct of his profession.


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