Chartered Accountants Act, 1949
22A. Appeals
(1) Any member of the Institute aggrieved by any order of the
Council imposing on him any of the penalties referred to in sub-section (4) of
section 21, may, within thirty days of the date on which the order is
communicated to him, prefer an appeal to the High Court:
PROVIDED that the High Court may entertain any such
appeal after the expiry of the said period of thirty days, if it is satisfied
that the member was prevented by sufficient cause from filing the appeal in
time.
(2) The High Court may, on its own motion or otherwise, after
calling for the records of any case, revise any order made by the Council under
sub-section (2) or sub-section (4) of section 21 and may-
(a) confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce,
confirm, or enhance the penalty imposed by the order;
(c) remit the case to the council for such
further inquiry as the High Court considers proper in the circumstances of the
case; or
(d) pass such other order as the High Court
thinks fit:
PROVIDED that no order of the Council shall be
modified or set aside unless the Council has been given an opportunity of being
heard and no order imposing or enhancing a penalty shall be passed unless the
person concerned has also been given an opportunity of being heard.