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CS Professional · Compliance Management, Audit and Due Diligence · Legal Framework Governing Company Secretaries

The Director (Discipline) receives information about conduct of CS Rohit Sharma that is not described in any Schedule, but which appears to be seriously improper for a member. Rohit argues that only acts listed in the Schedules can be inquired into. What is the correct view?

Rohit is wrong. Section 22 says misconduct is deemed to include acts or omissions in the Schedules, but this does not limit the Director (Discipline)'s power under section 21(1) to inquire into a member's conduct under any other circumstances.

  1. AHe is right, because misconduct is limited to the Schedules
  2. BHe is right, unless the Central Government nominees approve an inquiry
  3. CHe is wrong, because the Schedules are deemed to be included but do not limit the Director's power to inquire into conduct under other circumstancesCorrect
  4. DHe is wrong, because only the Council, not the Director, can inquire into conduct outside the Schedules

Explanation

Section 22 deems acts or omissions in the Schedules to be misconduct but says this does not limit or abridge the Director (Discipline)'s power under section 21(1) to inquire into a member's conduct in other circumstances. So the Schedules are inclusive, not exhaustive.

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