Every Profession
has the obligation to maintain proper standards of work and professional
ethics by its members. The CA Ordinance has prescribed a procedure to
deal with any breach of professional ethics, which has been detailed in
three schedules.
The Council
has formed an Investigation Committee
to investigate such breaches and after providing an opportunity for personal
hearing. If such member so desires, Investigation Committee shall permit
such member to be represented before it by a counsel or by a member of
the Institute. It reports its finding to the Council. The Council also
provides an opportunity for personal hearing before taking any one of
the following decisions against the members:
reprimand
or warn such member;
impose
such penalty as it may deem necessary not exceeding one thousand
rupees;
remove
the name of such member from the register of members for a period
not exceeding five years.
The Investigation
Committee and the Council shall for the purpose of an enquiry regarding
alleged professional misconduct have been vested with the powers of a
Civil Court under the code of Civil Procedure, 1908 (Act of 1908) in respect
of the following matters, namely:
summoning
and enforcing the attendance of any person and examining him on
oath;
the
discovery and production of any document; and
receiving
evidence on affidavits.
Schedule
II contains the list of misconducts on which only the High Court can take
a decision on the recommendation of the Council. The Professional misconducts
of the students have also been enumerated in Schedule III.
Any member
or any aggrieved person may lay before the Investigation Committee any
fact indicating that a member or a student has prima facie been guilty
of any professional misconduct specified in the respective Schedule. "Suo
moto" proceedings can also be initiated in such matters.
While members
are expected not to overlook to report cases involving possible breach
of ethics, they are expected to ensure that allegations in each case have
proper basis and are supported by appropriate evidence together with an
indication, where possible, the specific clause of the Code of Ethics
which is believed to have been infringed. Any disregard of the above consideration
may impair the credibility of the complainant with obvious consequences.