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

During an inquiry into a complaint against CS Karan Gupta, the Director (Discipline) wants a bank officer, Mr. Sen, to appear, give evidence on oath and produce certain account records. Which statement is correct?

The Director (Discipline) can do so. Section 21C vests him with civil court powers for an inquiry, including summoning and enforcing attendance, examining on oath, requiring discovery and production of documents, and receiving evidence on affidavit. No prior government approval is needed.

  1. AHe cannot, because only a court can summon persons
  2. BHe can, since he has the powers of a civil court for summoning and examining on oath, and for discovery and production of documentsCorrect
  3. CHe can summon persons but cannot require documents
  4. DHe can do so only after the Central Government approves

Explanation

Section 21C gives the Authority, Disciplinary Committee, Board of Discipline and Director (Discipline) civil court powers under the Code of Civil Procedure for an inquiry: summoning and enforcing attendance and examining on oath, discovery and production of documents, and receiving evidence on affidavit. No government approval is required.

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