HYDERABAD: Stating that the order of a single judge in the case was flawed at many levels, the Institute of Chartered Accountants of India (ICAI) has filed a writ appeal in the Telangana High Court against the relief granted to YSR Congress (YSRC) MP Vijaysai Reddy in the proceedings initiated against him by the ICAI’s disciplinary directorate.
Vijaysai Reddy, a practising Chartered Accountant, had approached the High Court, contending that the disciplinary proceedings against him were arbitrary, in violation of the principles of natural justice, and contravened provisions of the Chartered Accountants Act, 1949. The single judge allowed his writ petition, effectively halting the disciplinary proceedings and granting relief.
Following this, ICAI, represented by its president, the disciplinary directorate, and the disciplinary committee, has now filed the writ appeal saying Vijaysai Reddy’s writ petition under Article 226 of the Constitution was neither maintainable on facts nor in law, as alternative remedies are available under the Chartered Accountants Act.
The ICAI also argued that the Telangana High Court lacked territorial jurisdiction over the matter as Vijaysai Reddy has been a member of the Chennai Chapter of the ICAI since June 23, 1997, with all correspondence between him and the institute addressed to his Chennai office.
Citing precedents set by the Supreme Court, the ICAI argued that Vijaysai Reddy should not have invoked the jurisdiction of the Telangana High Court.
The ICAI also asserted that the single judge failed to consider established judgments from other High Courts, which have consistently dismissed writ petitions challenging disciplinary inquiries, citing the existence of an effective alternative remedy under the Act. have held that even in cases where penalties are imposed, the availability of statutory appeals precludes the need for judicial intervention under Article 226 of the Constitution.
In its appeal, the ICAI urged the court to set aside the single judge’s ruling, asserting that it undermines the statutory process outlined for addressing misconduct allegations against Chartered Accountants. The matter is likely to be listed for hearing in the coming days.