ICAI Board of Discipline: Chartered Accountant Cleared of Misconduct Over Newspaper Advertisement

ICAI Board of Discipline: Chartered Accountant Cleared of Misconduct Over Newspaper Advertisement

A complaint was filed against a chartered accountant alleging publication of a misleading advertisement in Dainik Bhaskar on 26 January 2017, in which he was described as the “President” of the Institute of Chartered Accountants of India. It was alleged that the advertisement was intentionally arranged to project a false professional position for publicity. During the inquiry, the respondent admitted to paying Rs. 5,000 for the Republic Day greeting but explained that the omission of the words “Patna Branch” before his designation was due to a printing error by the newspaper. He clarified that the Hindi term “Adhyaksh” could mean either “Chairman” or “President,” and that he had no intention to mislead or solicit professional work.

The respondent contended that the message was a general greeting, not a professional promotion, as it did not carry the ICAI logo, contact details, or any solicitation content. He also stated that on social media, he had used his correct designation and that the complainant had accessed his personal account without consent.

Main Issue: Whether the respondent’s act of publishing and sharing the Republic Day advertisement misrepresenting his position, amounts to professional or other misconduct under the Chartered Accountants Act, 1949.

Board’s Findings: The Board found that there was no material proof that the respondent had approved or intentionally provided misleading content for publication. The Board accepted the explanation that “Adhyaksh” was used in a contextual sense, consistent with his role as Branch Chairman at the relevant time. It also noted that the advertisement lacked any indicators of professional solicitation and that the complainant failed to produce supporting evidence despite notice. The Board concluded that the act did not constitute misconduct under Items (5), (6), or (7) of Part I, Item (3) of Part III, or Item (2) of Part IV of the First Schedule to the Chartered Accountants Act, 1949.

Therefore, the proceedings were ordered to be closed under Rule 15(2) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, and the respondent was held “Not Guilty” of professional or other misconduct.

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