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Investigation and Disciplinary Process

Investigation and Disciplinary Process

There is a process of investigation and disciplinary activities of the Institute in the Chartered Accountants Ordinance, 1961. The investigation process is initiated when a complaint is received by the Secretary from any member or an aggrieved person, or if any facts come to the knowledge of the Secretary of the Institute. Then the Secretary is required to place the complaint or the facts, if the latter suggest that a prima facie case of professional misconduct as specified in Schedules I, II & III of the Chartered Accountants Ordinance, 1961, arises against a member or a student of the Institute, before the Investigation Committee.

The Investigation Committee consists of 6 members from the Council of the Institute, 3 independent members and 1 member who is either a judge or retired judge of a High Court or an Advocate qualified to be appointed as a judge of the High Court.

The complaint along with relevant and necessary facts is laid before the Investigation Committee. If the Investigation Committee is of opinion that such facts or complaint require investigation, it gives notice to the member or student whose conduct is in question for holding an inquiry. The member or student is given an opportunity of being heard, and after the conclusion of the inquiry, the Investigation Committee reports the results of the inquiry to the Council.

It is pertinent to mention that for the purposes of inquiry, the Council and the Investigation Committee shall be deemed to be a civil court and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of certain matters.

On receipt of the report by the Council, the Council provides another opportunity to the concerned member/student whose conduct is under investigation of being heard, and if the Council is of the opinion that the member or student has been guilty of professional misconduct, it may reprimand/warn, impose penalty, or remove the name of such member from the Register or debar/suspend the student from training, or refer the case to the High Court with its recommendations depending upon the nature of offences as mentioned in Schedule I, II or III of Chartered Accountants Ordinance, 1961.

A member who is aggrieved by an order of the Council made against him has the right to file an appeal before the Honorable High Court against the order of the Council within a period of sixty days from the date of communication of the said order.