Experts: NFRA must separate disciplinary roles, audit review

EVEN AS THE National Financial Reporting Authority (NFRA) weighs its options after the Delhi High Court's order quashing the show-cause notices issued by the regulator against the IL&FS and DHFL auditors, legal experts argue that the regulator would need to create separate divisions for the twin functions of audit review and disciplinary action to comply with the legal framework.

- MANU KAUSHIK

On Friday, Delhi HC observed that NFRA acted contrary to the Companies Act and NFRA Rules which clearly mandated it to create separate functions for the review of an audit and the formation of opinion to initiate disciplinary proceedings. The procedure which NFRA chose to follow in the instant cases clearly lacked attributes of neutrality and a dispassionate appraisal. This essentially meant that NFRA donned the role of both prosecutor and judge, the HC ruling said.