Case Note & Summary
The petitioner, Omkar Vilas Deosthale, filed a writ petition before the Bombay High Court challenging a communication dated 16/10/2018 issued by the Institute of Company Secretaries of India (respondents). The petitioner's name had been restored as a Fellow Member of the Institute with effect from 01/09/2018 vide a communication dated 19/09/2018. However, the impugned communication dated 16/10/2018 appeared to overlook this restoration. The respondents alleged that the petitioner had paid the membership subscription late, using an ante-dated cheque, and that the cheque was dishonoured due to signature mismatch. The petitioner contended that these were disputed facts and that the restoration had already been granted. The Court, after hearing both sides, noted that prima facie the restoration had been effected and directed the respondents to look into the communication dated 19/09/2018 and correct any error. The Court did not finally adjudicate the disputed facts but allowed the petition with a direction to the respondents to reconsider the matter.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Restoration - The Institute of Company Secretaries of India - The petitioner's name was restored as Fellow Member w.e.f. 01/09/2018 vide communication dated 19/09/2018, but later cancelled by communication dated 16/10/2018 on grounds of alleged misconduct in payment of subscription. The Court held that the impugned communication overlooks the earlier restoration and directed the respondents to look into the matter and correct any error. (Paras 3-5)
Issue of Consideration
Whether the impugned communication dated 16/10/2018 cancelling the restoration of the petitioner's membership as Fellow Member of the Institute of Company Secretaries of India is valid, given that the restoration was effected on 19/09/2018 with effect from 01/09/2018.
Final Decision
The Court directed the respondents to look into the communication dated 19/09/2018 and correct any error. The petition was disposed of with the direction.
Law Points
- Natural justice
- Restoration of membership
- Condonation of delay
- Disputed facts not to be adjudicated in writ jurisdiction
