Principal is not giving his concent for termination

This query is : Resolved

Ashoo (Querist)
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14 September 2015 Please help me...I have completed 18 months of articleship but now because of medical issues i m unable to continue it.. but my principal is not ready to give me his consent. He is saying that i need to complete tax audit otherwise he will write that i m not doing articleship as per institute's guidline... i show him my all reports and certificate of doctor...
plz help me.. i cant complete audit.. m in huge pain...

Ashoo

Ashoo (Querist)
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14 September 2015 I m not doing anything against the code of conducts given for articles....
jabardasti dara rahe hai....

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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10 August 2024 I understand your situation is challenging and stressful. Here’s a structured approach to address the issue of getting consent for termination of your articleship due to medical reasons:

### **1. Communication with Principal**

1. **Formal Request for Termination:**
- **Written Request:** Submit a formal written request to your principal detailing your medical condition and the need for termination. Include your medical certificates and reports to substantiate your claim.
- **Mention Your Compliance:** Clearly state that you have complied with all the requirements of the articleship as per the Institute's guidelines and that your request is solely based on medical grounds.

2. **Documentation:**
- **Medical Certificates:** Ensure all medical documents are attached, proving your inability to continue with the articleship.
- **Reports and Records:** Include copies of any reports or certificates that confirm your medical condition and the necessity for discontinuation.

### **2. Contacting the Institute**

1. **Institute’s Helpline:**
- **Institute Support:** Reach out to the Institute of Chartered Accountants of India (ICAI) or the relevant professional body that oversees the articleship. Inform them of your situation and seek guidance on how to proceed.

2. **Request for Intervention:**
- **Formal Complaint:** If your principal is not cooperating, file a formal complaint with the Institute. Provide them with all relevant documents and communications with your principal.
- **Medical Evidence:** Present the medical evidence to the Institute to support your case. They may be able to intervene and facilitate the termination process.

### **3. Seeking Legal or Professional Advice**

1. **Legal Advice:**
- **Consult a Lawyer:** If the issue persists, consult a legal professional who specializes in employment or educational law. They can provide advice on your rights and potential legal actions.
- **Draft a Legal Notice:** A lawyer can help draft a formal legal notice to your principal if necessary, outlining the legal obligations and your rights under the circumstances.

2. **Professional Advice:**
- **Consult an Advocate or Mentor:** Seek advice from an advocate or a senior mentor who understands the regulations and can guide you on how to navigate this situation.

### **4. Alternative Solutions**

1. **Substitution or Transfer:**
- **Discuss Alternatives:** Explore if your principal is willing to allow a transfer to another firm or a substitute to complete the pending tasks, particularly if the principal is concerned about the completion of specific assignments.

2. **Temporary Relief:**
- **Request for Relief:** Request temporary relief or an extension for completing certain requirements based on your medical condition.

### **5. ICAI Guidelines**

1. **Review ICAI Guidelines:**
- **Understand Provisions:** Review the ICAI guidelines related to termination of articleship, medical conditions, and principal’s responsibilities. This can provide clarity on the procedural aspects and your rights.

### **Summary Steps to Follow:**

1. **Submit a formal request to your principal with medical documentation.**
2. **Contact ICAI for assistance and intervention.**
3. **Seek legal or professional advice if necessary.**
4. **Explore alternative solutions or discuss potential compromises with your principal.**

Your health and well-being are paramount, and the Institute or legal professionals should be able to assist you in resolving this matter.

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