ICAI reprimands CA for spreading Derogatory Statements in WhatsApp group against GST Officer:

ICAI reprimands CA for spreading Derogatory Statements in WhatsApp group against GST Officer The Institute of Chartered Accountants of India (ICAI) has warned a Chartered Accountant for circulating insulting statements in a WhatsApp group against the GST Officer. The Complainant is working as a GST Officer in the office of Deputy Excise and Taxation Commissioner, Sector-12, Faridabad, and he has been discharging his duties with full hard work and diligently. As per the Complainant, the Respondent has circulated some defamatory messages against him on social media (WhatsApp group). While, the Respondent has been claiming himself to be the Secretary of the Faridabad Chapter of the Institute of Cost Accountants of India and has been circulating false, frivolous, defamatory, and vexatious messages for defaming the Complainant on Social Media platform (WhatsApp group).

Facts of the Case

During the proceedings before the Board, the Presiding officer asked from the Complaint as to what is the allegation against the Respondent. In response, the Complainant briefed out the facts of the complaint and submitted that there is only one allegation against the Respondent that he has circulated false, frivolous, defamatory and vexatious messages for defaming the complainant on social media, which the complainant received from one of his known persons by clicking a photo of the message from him emphasizing that he was not a part of the WhatsApp Group where the message was circulated. The Complainant brought on record a copy of the WhatsApp message shared by the Respondent. The Board noted the said message as under:

"Bhrashtachar ki ek aur upajj Faridabad, Sector-12 mai karyarat GST Officer Golden Jain confidence key sath rishwat mangte hai tatha aise officer hamare desh ko sharmssar karte hai. "

The Board noted that the Respondent vide letter dated 10th April 2021 in response to the allegation of circulating false, frivolous, and defamatory messages on social media against Golden Jain submitted as under:

''2. Allegation of circulating false/ frivolous and defamatory message on social media against Golden Jain: I have not circulated such a matter, it was a private WhatsApp group of chartered accountants/ where youngsters discuss their routine problems faced during our practice with the department officials/ but it is very regret to say that he is one of the corrupted officers in his department faced by us during our practice. Actually, the fact is that a show cause notice was issued by Golden Jain for the cancellation of the GST registration of one of our clients without any proper reason.

We sent one of our employees to Golden Jain's office for clarity on the matter. We arranged all of the documents according to his instructions, and the next day he asked Rs.4000 as a fee for paper acceptance, with complete confidence and no fear of wrongdoing. We declined to pay any bribes and returned to the office. He was bothering our professionals in Faridabad in an irrational manner. If he feels/ he is honest in his duty by taking a God-given oath, then I am willing to feel sorry without further questioning.

Further, he has written in the complaint that he has been discharging his duties with full hard work and diligently. If such type of corruption or harassment is called hard work, then we have no need of such hard worker officer that shames our government department."

The Board observed that the evidence offered by the Complainant, along with the Respondent's response to the Director (Discipline) and the documents that were presented, demonstrate that the Respondent was responsible for disseminating the message. Therefore, the Board while criticizing the conduct of the Respondent for choosing to share and circulate such a message through social media instead of not taking the issue to the relevant higher authorities deemed it an irresponsible action on the part of the Respondent and consequently, the Board on consideration of the documents on record and submissions made thereon by the parties present finds the Respondent Guilty of misconduct.

Order

Thus, in conclusion in the considered opinion of the Board, the Respondent is 'GUILTY' of "Other Misconduct" falling within the meaning of Item (2) of Part IV of the First Schedule to the Chartered Accountants Act, 1949. Hence, upon consideration of the facts of the case, the consequent misconduct of CA. Anil Thakur (M. No. 531601) and keeping in view his representation before it, the Board decided to Reprimand CA. Anil Thakur (M. No. 531601). For Official Order Download PDF Given Below: