‘Clearly unbecoming of a Chartered Accountant’ : ICAI reprimands CA for Sending Abusive Messages to another CA
The Complainant-CA alleged that the Respondent circulated audio recordings and abusive messages to professional associations, regulatory bodies including SEBI, colleagues, and family members.
Clearly unbecoming Chartered Accountan – ICAI reprimands CA – CA – TAXSCAN
Clearly unbecoming Chartered Accountan – ICAI reprimands CA – CA – TAXSCAN
“Therefore, based on the facts stated above, the Board was of the view that the conduct of the Respondent is clearly unbecoming of a Chartered Accountant”, observed the Board of discipline of the Institute of Chartered Accountants of india ( ICAI )
A longstanding dispute between two Chartered Accountants has escalated with both parties filing complaints against each other with the ICAI and other statutory authorities. The contentious relationship, spanning several years, has led to accusations of financial impropriety, defamation, and harassment.
The stem of the conflict traced back to the Respondent-CA’s transition from a tenant to a property owner above the office of the Complainant - CA, facilitated by the latter. Additionally, the Complainant-CA introduced the Respondent to stock market trading through his brother's company, a member of the National Stock Exchange since 2004. However, alleged losses incurred by the Respondent in the stock market prompted a deterioration in their relationship.
The Complainant- CA alleged that the Respondent circulated audio recordings and abusive messages to professional associations, regulatory bodies including SEBI, colleagues, and family members. Also the respondent refused to repay a personal loan amount Rs.. 5 lakhs extended in 2016 and subsequently engaged in a campaign to tarnish his reputation.
Further accusations from the Complainant include the Respondent's involvement in gambling activities and his attempts to intimidate and harass him and his family members. Legal actions, including criminal complaints and civil suits, have been initiated by both parties, adding complexity to the dispute.
In response, the Respondent denied the allegations of financial indebtedness and asserts that the Complainant initiated the confrontational exchanges. He contended that the Complainant resorted to threats and intimidation tactics, leading him to retaliate with verbal abuse.
The ICAI's Director (Discipline) found the Respondent guilty of circulating abusive messages against the Complainant, a decision upheld by the Board. Despite the Respondent's claims of self-defense, the Board concluded that his conduct was unbecoming of a Chartered Accountant, as evidenced by the use of offensive language and failure to demonstrate remorse.
In this regard, the Board took into view the following observation in the case Bhattacharjee vs. B.K. Chakraborty - Page 86 of Vol. VII(I) of Disciplinary Cases — Council's decision dated 11th to 13th February, 1988 - Judgement dated 10th June, 1996:
"The Respondent, inter alja, had used objectionable, derogatory and abusive language. He made irrelevant, incoherent, Irresponsible and insane statements, expressions in all his correspondence with the complainant. He was, inter alia, held guilty of ‘other misconduct'.”
Consequently, the ICAI reprimanded the Chartered Accountant. The Board ruled that the Respondent guilty of "Other Misconduct" under the Chartered Accountants Act, 1949.
To Read the full text of the Order CLICK HERE
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
