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THE BOARD OF DISCIPLINE

THE INSTITUTE OF COMPANY SECRETARIES OF INDIA.

DC: NI/E-l/201S

In the information received against Mr. Arnit Gupta, FCS-S478

Date of Decision: 6th January, 2016

Quorum: CS Ahalada Rao V, Presiding Officer

CS Vineet Chaudhary, Member

CS Sutanu Sinha, Member

ORDER

1. E-mails dated 27th November, 2014 and 3rd December, 2014 were received from

Ms. Jaya Katiyar and Mr. Shravan Vishnoi alleging violation of the Election Code

of Conduct during the CS Elections 2014 by Mr. Amit Gupta, FCS-S478.

2. The Returning Officer vide letter dated 28th November, 2014 called upon Mr. Amit

Gupta, FCS-S478 to explain as to why disciplinary action should not be initiated

against him for violation of the Elections Code of Conduct and Advisories and

Directives issued by the Returning Officer and Chief Executive & Officiating

Secretary from time to time as you have created a Whats App group namely

'lucknowcs' for electioneering purposes.

3. Thereafter, the Returning Officer referred the matter to the Director (Discipline)

by an endorsement (Sth January, 201S) on reply dated 26th December, 2014

received from CS Amit Gupta.

4. Pursuant to sub Rule (1) of Rule (3) of the Company Secretaries (Procedure of

Investigations of Professional and Other Misconduct and Conduct of Cases) Rules,

2007, vide email dated lOth January,201S the Informants were asked as to whether

they would like to file a complaint in Form-I together with a fees of Rs. 2S00/-.

However, no response was received from the Informants.

5. The Director (Discipline) after examination of material on record, vide his prirna­

facie opinion dated 16th December, 2015 opined that no response(s) have been

received from the Informant(s) to the email of the Directorate of Discipline of ICSI.

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It is further observed that the Respondent has stated that he has not created any

group on WhatsApp. It also appears that the WhatsApp group in the name of

'lucknowcs' is neither intended for a hassle of election process nor improve the

image of the candidature nor to improve his visibility nor in any manner given an

edge as on candidate for the elections. The candidate contesting cannot stop

existing himself! herself just because he is contesting the Elections of ICSI. The

Respondent has inter-alia stated that he never made any appeal or statement or

suggestion on the said WhatsApp for his candidature nor requested for his

support. The Respondent has also drawn the attention of the Hon'ble Madras High

Court in the case of M Surendran Vs. State Manu!TN/255/2014 which inter-alia

states that conviction of an accused cannot be founded on the basis of inference.

It may be mentioned that interference of malice can be drawn only on the factual

basis and not on the surmises and guesses. More so the informants have not

provided substantial evidences in support. The Disciplinary mechanism under the

Company Secretaries Act, 1980 will be mis-utilised by one and all by simply

sending emails and then sitting in a corner to see that the mechanism is running

from pillar to post requesting to provide evidences for the case. In view of the

foregoing, prima- facie no case is made out against the Respondent.

6. On 6th January, 2016, the Board of Discipline, considered the prima-facie opinion

of the Director (Discipline) and the material on record. The Board of Discipline in

totality of the circumstances of this case, agreed with the prima-facie opinion of

the Director (Discipline) that no case is made out against the Respondent as the

conviction of the Respondent cannot be founded on the basis of inference and

decided to close the matter.

Accordingly, the complaint stands disposed off

JJ-u ~ (Sutanu Sinha) (Vine'±Udharyj (~\

Member Member Presiding Officer

Date: I g-J1 ].2.3) I ,