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

Before the Disciplinary Committee, the complainant against CS Rohan Mehta writes to withdraw his complaint. Rohan argues the case must end at once. Which position is correct under the Act?

The Director (Discipline) must place the withdrawal before the Board of Discipline or Disciplinary Committee, and that body may permit withdrawal at any stage if circumstances warrant. Under section 21(5), withdrawal is not automatic and does not end the case by itself.

  1. AThe case ends automatically on receipt of the withdrawal letter
  2. BOnly the Council President may permit withdrawal
  3. CThe Director (Discipline) places the withdrawal before the Board or Committee, which may permit it at any stage if circumstances warrantCorrect
  4. DWithdrawal is permitted only before the prima facie opinion is formed

Explanation

Section 21(5) requires the Director (Discipline) to place the withdrawal before the Board of Discipline or Disciplinary Committee, which may permit withdrawal at any stage if it thinks the circumstances warrant. Withdrawal is therefore not automatic and is not limited to the pre-opinion stage.

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