IN THE MATTER OF COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA NEW DELHI Vs. M L AGARWAL FCA

JUDGEMENT

(1.) We have heard Shri Vinod Swarup, learned counsel appearing for the Council of Institute of Chartered Accountants of India. Shri Suyash Agrawal appears for the Central Government.

(2.) This reference under Section 21 (5) of the Chartered Accountants Act, 1949 against Shri M.L. Agarwal, FCA, M/s Munna Jaggi & Co., Chartered Accountants, E-1, Kamla Nagar, Agra, was presented before the Addl. Registrar of the High Court on 26.5.1998 for passing necessary orders under Section 21 (6) of the Act on the decision taken by the Council to reprimand the respondent by way of punishment after holding disciplinary enquiry and accepting the report of the Disciplinary Committee by the Council, in its meeting held from 6th to 8th December, 1995, finding the respondent guilty of professional misconduct within the meaning of Section 21 read with Section 22 of the Chartered Accountants Act, 1949 and under Clause (i) of Part-II of the Second Schedule of the Act.

(3.) Notices were issued to the respondent on 13.9.2011 to show cause as to why proposed punishment be not confirmed by the High Court. The office reports that the notices were issued to the respondent on 20.9.2011, by registered post AD fixing 17.10.2011. The office further reports that neither acknowledgment nor undelivered cover was received back after service. By order dated 17.10.2011 the service of notice on the respondent, was deemed to be sufficient under the Rules of the Court. The matter was heard on 29.8.2012.