W G AMBEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a reference under Section 21 of the Chartered Accountants Act, 1949. The Council of the Institute of Chartered Accountants has found the respondent guilty of conduct which renders him unfit to be a member of the Institute as he sent circular letters to several persons soliciting professional work which amounts to misconduct as defined in Section 22 of the Act read with Clause (e) of the schedule. That clause runs thus:

(2.) THE respondent admitted before the disciplinary Committee of the Council that he had sent the circular letters and that his conduct was wrong and objectionable. His learned Counsel did not dispute the finding of misconduct. We have gone through the whole record and Uphold it.

(3.) AS regards the question of punishment, the Secretary of the Institute who appeared before us on its behalf, submitted that we have no alternative but to order removal of the name of the respondent from the register if we affirm the finding of the Council. Reliance was placed on Section 8 Sub-section (vi) and Section 20, Sub-section (2 ). The two other provisions which have to be considered in this connection are Section 21, Sub-section (3) and Regulation 13 of the Chartered Accountants Regulation 1949, made under Section 30 of the Act.