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CS Professional · Compliance Management, Audit and Due Diligence · Values, Ethics and Professional Conduct

A complainant against CS Rohit Menon writes to withdraw the complaint while the Disciplinary Committee is considering the matter. What is the correct position under Section 21(5)?

The Director (Discipline) must place the withdrawal before the Disciplinary Committee, which may permit it at any stage if it thinks the circumstances warrant. Withdrawal by the complainant does not end the proceedings automatically under Section 21(5).

  1. AThe complaint stands automatically closed on withdrawal
  2. BThe Director (Discipline) places the withdrawal before the Committee, which may permit it at any stage if circumstances warrantCorrect
  3. CWithdrawal is not permitted once the prima facie opinion is formed
  4. DOnly the Central Government can allow withdrawal

Explanation

Section 21(5) requires the Director (Discipline) to place a withdrawal before the Board of Discipline or the Disciplinary Committee, as the case may be. That body may permit it at any stage if it considers that the circumstances so warrant. Withdrawal therefore does not close the matter automatically.

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