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Supreme Court of India 2021-09-23 allowed

D.K. Agrawal vs Council of the Institute of Chartered Accountants of India

Bench: 2 — S. Abdul Nazeer

In Brief

A chartered accountant challenged his removal from the Institute of Chartered Accountants of India (ICAI) register for alleged misconduct in depositing tax money. The Disciplinary Committee investigated and the Council accepted its findings, recommending removal. The High Court confirmed the removal permanently. On appeal, the Supreme Court held that the Council had mechanically accepted the Committee's report without independently evaluating the member's written and oral submissions, and without recording reasoned findings explaining its conclusions. The Court stressed that reasoned decisions are essential to natural justice and enable meaningful judicial review. It set aside both the Council's recommendation and the High Court's order, remitting the matter for fresh consideration with reasons within three months.

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Professional Conduct Disciplinary Procedure Natural Justice Quasi-Judicial Bodies Administrative Law Chartered Accountants Reasoned Decisions

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