SUPREME COURT OF INDIA
M.R. Shah, Krishna Murari, JJ.
Charanjeet Singh Chnderpal – Petitioner
Versus
Vasant D. Salunkhe & Ors. – Respondents
Conmt.Pet.(C) No. 309 of 2022 in C.A. No. 7478 of 2019 with SLP(C) No. 10771 of 2022 (XVII), SLP(C) No. 10690 of 2022 (XVII), SLP (C) No. 16458 of 2022
Decided On : 29-09-2022
Advocates Act, 1961 – Section 36(b) – Expeditious disposal of complaints received by Bar Council of India and/or transferred to Bar Council of India – To have discipline and maintain purity of profession complaints made by concerned litigants are required to be disposed of at the earliest so that litigants may continue to have faith in profession and in its system – All concerned State Bar Councils, before whom complaints are pending for more than one year from date of filing shall stand transferred to Bar Council of India – Bar council of India must ensure an early disposal of those cases which are transferred and/or deemed to have been transferred by earlier Order and present Order. (Paras 3 and 4)
Facts of the case:
Present application has been filed for extension of time for compliance of Order dated 01.08.2022, with affidavit and a chart reflecting state wise number of cases pending inquiry. In most of the cases/complaints/inquiries transferred to the Bar Council of India (BCI), concerned Inquiry Officers appointed by the BCI have not submitted the Report and consequently the respective complaints are not disposed of.
Findings of Court:
One another grievance which is voiced by the applicant/party in person that despite the fact that the complaints are pending for more than one year, concerned State Bar Councils have not transferred cases to the Bar Council of India.
Result : Directions issued.
ORDER :
1. The present application has been filed for extension of time for compliance of our Order dated 01.08.2022, with affidavit and a chart reflecting state wise number of cases pending inquiry. Having gone through the chart, it appears that in most of the cases/complaints/inquiries transferred to the Bar Council of India (BCI), the concerned Inquiry Officers appointed by the BCI have not submitted the Report and consequently the respective complaints are not disposed of.
2. Shri Manan Kumar Mishra, learned Senior Advocate and Chairman of Bar Council of India prays for extension of time to complete the inquiries/complaints transferred to the Bar Council of India by a further period of three months. He has also stated that for expeditious disposal of the complaints received by the Bar Council of India and/or transferred to the Bar Council of India and to facilitate the parties, the hearing of the respective complainants shall be conducted by having Circuit Benches in the respective States. As a last chance, we extend the time to dispose of the complaints received by the BCI and/or transferred to the BCI upto 31st December, 2022. The BCI must decide and dispose of the complaints received and/or transferred to the BCI at the earliest keeping in mind that as such before the Bar Council of the concerned States, the complaints were pending for more than one year and they were required to be transferred in exercise of power under Section 36(b) of the Advocates Act, 1961.
3. To have the discipline and maintain the purity of the profession the complaints made by the concerned litigants are required to be dispose of at the earliest so that the litigants may continue to have the faith in the profession and in its system.
4. One another grievance which is voiced by the applicant/party in person that despite the fact that the complaints are pending for more than one year, the concerned State Bar Councils have not transferred the cases to the Bar Council of India. The grievance which is voiced is with respect to Bar Council of Maharashtra and Goa. Without expressing anything on the correctness of the statement, we once again reiterate our earlier order and direct that all concerned State Bar Councils, before whom the complaints are pending for more than one year from the date of filing shall stand transferred to the Bar Council of India, as ordered earlier. The Bar council of India must ensure an early disposal of those cases which are transferred and/or deemed to have been transferred by our earlier order and the present order.
5. Put up on 09.01.2023.
To have discipline and maintain purity of profession complaints made by concerned litigants are required to be disposed of at the earliest so that litigants may continue to have faith in profession a....
The duty of Bar Councils to uphold professional conduct and etiquette, and the requirement for efficient and expeditious disposal of complaints under the Advocates Act.
Professional misconduct by Advocate – Disposal of a complaint received by State Bar Council under Section 35 within a period of one year from date of receipt of such complaint is mandatory.
The disciplinary committee's action timeline can be extended to exclude periods during which it is judicially prohibited from considering a complaint.
The main legal point established in the judgment is the jurisdiction of the Bar Council of Delhi to entertain complaints regarding misconduct of advocates under the Indian Advocates Act, 1961, partic....
Court directed BCI to extend enrolment time limit due to delay caused solely by State Bar Council post AIBE results.
Stay of notification pending decision in writ petition.
The court has the authority to direct the State Government to hold disciplinary enquiry against officials responsible for delay in completing an enquiry, and the petitioner has the option to seek rev....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.