ORDER:- This appeal under S. 38 of the Advocates Act. 1961 is directed against an order of the Disciplinary Committee of the Bar Council of India dated January 7, 1977 upholding the order of the Disciplinary Committee of the State Bar Council of Rajasthan Jodhpur dated July 21, 1974 by which the appellant has been held guilty of professional misconduct and suspended from practice for a period of three years under S. 35 (c) of the Act.

2. Nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. The State Bar Council gave the appellant the benefit of doubt on the first charge that the changed sides in a criminal case, holding that though such conduct on his part was unprofessional it was not tantamount to professional misconduct. The Disciplinary Committee of the Bar Council of India rightly observes that it failed to appreciate the distinction drawn by the State Bar Council as his act in accepting the brief for the accused after having appeared for the complainant was clearly contrary to R. 33 of the Bar Council of India Rules 1935. We concur with the Di