JUDGMENT :

Dipak Misra, J.

The singular issue that is required to be addressed in this appeal is whether after transfer of a disciplinary proceeding, as per the mandate enshrined under Section 36B(1) of the Advocates Act, 1961 (for brevity, “the Act”) to the Bar Council of India (BCI) from the State Bar Council, can the BCI, instead of enquiring into the complaint and adjudicating thereon, send it back to the State Bar Council with the direction to decide the controversy within a stipulated time. It is interesting to note that Mr. Preet Pal Singh, the learned counsel for BCI would concede that the said statutory authority has no such power. Mr. D.N. Ray, learned counsel appearing for the Gujarat State Bar Council would propound with all the thrust at his command that BCI has unfettered jurisdiction to pass such an order inasmuch as it is the apex statutory body under the Act and it possesses plenary powers and, in any case, the language of the statutory provision does not create any impediment for the same. Mr. Anup Kumar, learned counsel for the appellant, as is expected, concurs with the proponement of Mr. Singh and further submits that the time consumed in disposal of the discipli