CA Withdraws LPA against ICAI SCN: Delhi HC Permits Fresh Writ before Single Judge against Final Removal Order [Read Order]

The Delhi High Court permitted a Chartered Accountant ( CA ) to withdraw his LPA filed against the dismissal of his writ petition challenging an ICAI (Institute of Chartered Accountants of India ) show cause notice.

The court granted liberty to file a fresh writ petition before the Single Judge against the final order of removal from membership.

Mohit Bansal, a Chartered Accountant and member of the Institute of Chartered Accountants of India (ICAI), had earlier filed a writ petition seeking quashing of a Show Cause Notice dated 14.09.2020 issued by ICAI.

However, the Single Judge dismissed the writ petition vide order dated 21.01.2022. Therefore, the CA filed LPA before the Division Bench challenging the said dismissal.

During the pendency of the LPA, ICAI proceeded with disciplinary action under the same SCN and conducted a hearing on 29.08.2022.

The institute finally passed an order dated 01.03.2023, removing the CA’s name from the Register of Members under the Chartered Accountants Act, 1949.

Also Read:CA Fails to Disclose Public Deposit Liabilities, Asset Ever-Greening: Delhi HC Upholds Three-Month Name Removal from ICAI Register [Read Order]

Later, the appellant sought amendment of the LPA to challenge the removal order as well, and the Court allowed the amendment vide order dated 13.09.2023.

However, during the hearing of the appeal, Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the final removal order at the appellate stage may not be maintainable without first approaching the Single Judge.

On instructions, the appellant agreed to withdraw the LPA and seek appropriate remedy by filing a writ petition challenging the final order dated 01.03.2023.

ICAI did not object the same.

Accordingly, the Division Bench dismissed the LPA as withdrawn. It gave the CA the liberty to petition the Single Judge to overturn the removal order, and it said that if the writ is submitted, it must be heard and decided ideally within six months.

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