disciplinary proceedings

Querist : Anonymous (Querist) 24 May 2010 This query is : Resolved
In case of Disciplinary proceedings against a CA are under consideration by ICAI, but the copy of complaints and other papers are lost by CA, so he is unable to reply to Disc. Committee, whether he can or should demand the set of papers from the committee before reply. Whether it would have any adverse effect on the proceedings.

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Guest (Expert) 24 May 2010
CA IS A QUALIFIED PERSON.AND HE SHOULD DEFEND HIS MATTER STRONGLY .
KINDLY NOTE THAT IN CASE HE IS NOT HAVING ANY CASE PAPERS THEN HE SHOULD DEMAND AND SEND WRITTEN APPLICATION FOR PROVIDING THE COPIES OF THE SAME AT REASONABLE COST.
KINDLY NOTE THAT IT IS JUST LIKE WAR.UNLESS HE KNOWS WHAT ARE CHARGES AND ALLEGATIONS AND STATEMENT OF WITNESSES,IT WILL BE VERY RISKY AND DIFFICULT TO DEFEND HIS CASE AS HE DOES NOT KNOW THE TARGET TO ATTACK, HE WILL BE FIGHTING UNKNOWN ENEMY.PLEASE NOTE.

B K Raghavendra Rao (Expert) 24 May 2010
Once a copy is furnished and if it is lost, a CA cannot demand but request for another set of copies. It all depends upon how he approaches the Disciplinary Committee. Normally opportunity would be given to the Delinquent with documents for his defence. It is possible to get a second set of documents.

Uma parameswaran (Expert) 24 May 2010
You can give request letter for duplicate copies.

Binod Kumar Mishra (Expert) 26 May 2010
IT IS COMPULSION OVER THE DISCIPLINARY AUTHORITY TO PROVIDE ANOTHER SET OF PAPERS TO CA. he has to give this if CA demands this in writing. it is the basic principal of disciplinary proceedings. no question of worry or otherwise.

your employer will provide this to you. apart from this you have also one option left, when the inquiry officer calls you for preliminary inquiry on the first date, make a written request to inquiry officer to postpone the preliminary inquiry for that particular day and will provide the entire documents to you. this is the burden duty of the inquiry officer first to ask the CA that whether he has copy of the entire disciplinary proceedings or not.

so need not to worry and ask for another set of docuements. my submission to this question is appended by a lot of decision of Hon'ble Supreme Court of India in this regard also.

Querist : Anonymous (Querist) 26 May 2010
Dear Mr. Mishra,
Thanks for reply. If possible send latest case law copy of SC.

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