A complaint was lodged against a member of the Institute of Company Secretaries of India (ICSI) under section 21 of the Company Secretaries Act, 1980. The Disciplinary Committee after investigation submitted its report t

The Disciplinary Committee (DC) shall after investigation report the result of its enquiry to the Council for its consideration. After submission of report by the DC the following procedure shall be taken up by the Council. The Council shall consider the report of the Disciplinary Committee and if in its opinion, a further enquiry is necessary, may cause such further enquiry to be made and a further report submitted by the Disciplinary Committee. After considering such report or further report of the Disciplinary Committee, as the case may be, where the Council finds that the respondent is not guilty of any professional or other misconduct, it shall record its findings accordingly and direct that the proceedings shall be filed or the complaint shall be dismissed as the case may be. After considering such report or further report of the Disciplinary Committee, as the case may be, where the Council finds that the respondent has been guilty of a professional or other misconduct, it shall record its findings accordingly and shall proceed in the manner as laid down in the succeeding sub-regulations. Where the finding is that the member of the Institute has been guilty of a professional or other misconduct, the Council shall afford to the member an opportunity of being heard before orders are passed against him in the case. The Council after hearing the respondent, if he appears in person or after considering the representations, if any, made by him, pass such orders as it may think fit, as provided under Subsection (4) of Section 21. The orders passed by the Council shall be communicated to the complainant and the respondent.