Charge sheet
Querist :
Anonymous
(Querist) 16 November 2011
This query is : Resolved
WHETHER CHARGE SHEET HAS ANY EVIDENTIAL VALUE IN ANY PROCEEDINGS PARTICULARLY WHEN IN CASE A FIR IS FILED AGAINST CA AND ALSO COMPLAIN WITH CA INSTITUTE , CHARGE SHEET FILED AGAINST CA , AND DISCIPLINARY PROCEEDINGS ARE IN PROCESS, WHETHER COMMITTEE HAS TO SEE THE EVIDENCES OR THE CHARGE SHEET. IN FACT THERE IS NO EVIDENCE IN THE CASE BUT THE COMPLAINAT IS GIVING THE CHARGE SHEET AS EVIDENCE, WHICH HE MANAGED WITH POLICE . WHAT THE EVIDENCE ACT SAY ABOUT THE CHARGE SHEET.
Arvind Sehdev
(Expert) 17 November 2011
Here is a definition from a case (K.VEERASWAMI vs UNION OF INDIA (1991) 3 SCC 655)
I don't know how the disciplinary proceedings go in a CA professional line but all I can say is that ChargeSheet is a very strong document... It's existence cannot be ignored...
And yes it is a strong evidence as far as your disciplinary proceedings go... Although the details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence.
Rest the final decision of the disciplinary committee, according to me till the decision of the court is out, they have to rely on police investigations or whatever disciplinary law applies to CAs...
In the end I would ask you to read this case :
[TALLURI SRINIVAS v. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 2010 (174) DLT 537]
Suits your situation spoton
http://legalperspectives.blogspot.com/2011/02/disciplinary-proceedings-need-not-await.html
Kirti Kar Tripathi
(Expert) 17 November 2011
Merely filing of charge sheet is not sufficient unless its contents are not proved by the witnesses. The evidential value of said charge sheet in the disciplinary proceedings is only to the extent that a charge sheet is filed but evidences are required to prove the contents of charges.
Guest
(Expert) 17 November 2011
A Charge Sheet, although is not a proof to an offence, has a value till the delinquent is not exonerated of the charge. So, during the proceeding process the charge sheet can be quoted as a reference to indicate about the assumed offence.
However, in any other case, the delinquent can have a strong plea that the charge being not yet proved a charge sheet cannot be considered as a proof of offence.
Devajyoti Barman
(Expert) 17 November 2011
Charge sheet has no evidenciary value. It is prima facie proof of commission of offence on which the court decides while framing of charge.
The complainant can however submit the CS to show prima facie proof of commission of offence. It can be used in collateral purposes like in this case but in the very case the charges mentioned there needs to be proved, not the mere submission of CS would suffice.
Rajeev Kumar
(Expert) 17 November 2011
I agree with above experts
H. S. Thukral
(Expert) 17 November 2011
If the complainant is relying upon charge sheet filed in criminal court only, then CS can approach the Court for stay of DP.
Shonee Kapoor
(Expert) 17 November 2011
No Evidenciary value.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
girish shringi
(Expert) 21 November 2011
Basically charge sheet is filed after investigation by I.O.,hence the I.O. must have some evidences.
So it is to be proved by both the parties either side.
girish shringi
(Expert) 21 November 2011
And that is to be proved in the court of Law,while the Association has to do the job according to its ACT.
