In COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
vs SHRI GURVINDER SINGH, the institute had appealed against an order of the High Court rejecting an order of the disciplinary committee of the institute wherein the committee had suspended the CA for misconduct.
The High Court decided that as the CA had acted as an individual and not in his professional capacity, no penalty can be imposed.
The Supreme Court set aside the High Court decision stating that as per the Chartered Accountants Act, 1949, while the CA was not guilty of a practice not in his professional capacity, yet penalty can be imposed if, in the opinion of the Council, such act brings disrepute to the profession whether or not related to his professional work.
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