17 June 2015
I appeared for May 2015 exams CA final and since then have not continued with my articleship on medical grounds. Being unwell a call was made to inform my principal by my parents. But now the principal has sent a registered letter to my address that I cant continue in the firm and that a complaint has been filed with ICAI. Further a six month leave was taken by me before may 2015 for exam preparation. Please help what to do
03 August 2024
Navigating issues with CA articleship can be challenging, especially when it involves medical grounds and potential complaints. Here’s a structured approach to addressing the situation:
### 1. **Understand the Situation:**
1. **Medical Grounds:** You were unwell and unable to continue with your articleship. Your parents informed your principal about your medical condition. 2. **Principal’s Action:** The principal has sent a registered letter stating that you cannot continue with the firm and has filed a complaint with the ICAI (Institute of Chartered Accountants of India). 3. **Leave History:** You also took a six-month leave before the May 2015 exams for preparation.
### 2. **Steps to Take:**
#### **1. Address the Complaint with ICAI:**
- **Respond to ICAI Complaint:** - **Prepare a Response:** Draft a detailed response addressing the complaint filed by your principal. Include your medical records, a letter from your doctor, and any communication between you and your principal regarding your medical condition. - **Submit Documentation:** Submit these documents to ICAI, explaining your circumstances and any steps you’ve taken regarding your articleship.
- **Contact ICAI:** - **Clarify Situation:** Reach out to ICAI for guidance on the next steps. ICAI will typically review the complaint and your response and may provide instructions on how to proceed.
#### **2. Communicate with Your Principal:**
- **Written Communication:** - **Explain Your Situation:** Send a formal letter or email to your principal explaining your medical situation, the impact it had on your articleship, and any communication you made during that time. - **Apologize and Seek Resolution:** Apologize for any inconvenience caused and express your willingness to resolve the matter amicably.
- **Documentation:** - **Medical Records:** Ensure you have all medical documentation to support your case. This will help in demonstrating the legitimacy of your medical grounds.
#### **3. Explore Alternative Arrangements:**
- **Find a New Principal:** - **Search for New Firm:** If it’s not possible to continue with your current firm, start looking for a new CA firm where you can complete your articleship. ICAI may also provide guidance on this process.
- **Request Transfer:** - **Apply for Transfer:** If allowed, apply for a transfer of your articleship to another firm. The transfer process typically requires approval from ICAI and may involve completing certain formalities.
#### **4. Legal and Professional Advice:**
- **Consult a CA Professional:** - **Seek Guidance:** Consult with a senior Chartered Accountant or a professional specializing in CA articleship matters for advice on how to handle your situation and the complaint.
- **Legal Counsel (if necessary):** - **Legal Advice:** If the situation escalates or if you face difficulties in resolving the matter, consider seeking legal counsel to understand your rights and options.
### Summary:
1. **Respond to ICAI:** Provide a detailed response and supporting documentation regarding your medical grounds and the situation with your principal. 2. **Communicate with Principal:** Send a formal communication explaining your situation and seeking resolution. 3. **Find Alternative Solutions:** Look for a new CA firm if continuing with the current principal is not possible and apply for a transfer if applicable. 4. **Seek Professional Advice:** Consult with a CA professional or legal advisor for additional guidance.
Addressing the issue proactively and professionally is crucial. By providing all necessary documentation and communicating clearly, you can work towards resolving the complaint and continuing your CA articleship.