COUNCIL OF ARCHITECTURE VS MUKESH GOEL, (2020) 16 SCC 446
Facts of the Case
The Council of Architecture (COA), the statutory regulator for architects in India, initiated disciplinary proceedings against architect Mukesh Goel. The COA alleged that Mr. Goel had violated professional and ethical norms as prescribed under the Council of Architecture Act, 1972, engaging in conduct that was detrimental to the reputation of the architectural profession. Consequently, the COA imposed sanctions—including suspension or cancellation of his registration to practice. Mr. Goel challenged these measures, arguing that the disciplinary process was flawed as it did not adhere to the principles of natural justice and that the imposed sanctions were disproportionate to the alleged misconduct.
Issues
1. Whether the disciplinary proceedings against Mr. Goel were conducted in strict compliance with the principles of natural justice.
2. Whether the sanctions imposed by the COA were proportionate and justified in view of the alleged professional misconduct.
3. Whether the COA acted within the statutory powers granted by the Council of Architecture Act, 1972 in imposing such disciplinary measures.
Relevant Legal Provisions
• Council of Architecture Act, 1972 – Empowers the COA to regulate the architectural profession and enforce disciplinary actions.
• Principles of Natural Justice – Mandate a fair hearing and non-arbitrary decision-making in disciplinary proceedings.
Judgment
The Supreme Court held that while the COA is vested with the power to regulate the profession and discipline its members, it must exercise this power in a manner that fully complies with natural justice. The Court observed that Mr. Goel was entitled to a fair opportunity to present his case, and any disciplinary action must be proportionate to the nature of the misconduct. Finding that procedural lapses may have affected the fairness of the proceedings, the Court remanded the matter back to the COA with directions to re-evaluate the evidence and ensure that all procedural safeguards are observed before finalizing any sanctions.
ADITYA
DSNLU
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