Andhra Pradesh High Court
M.Abdul Kasim - Appellant
Versus
State - Respondent
Decided On : 11-25-57
LEGAL PRACTITIONERS ACT - SECTION 13 - DISCIPLINARY ACTION - PLEADER DISMISSED FROM SERVICE FOR BRIBERY AND INEFFICIENCY - JURISDICTION OF HIGH COURT TO TAKE ACTION - MEANING OF PLEADER HOLDING A CERTIFICATE - RENEWAL OF CERTIFICATE - RIGHT TO PRACTISE - HYDERABAD LEGAL PRACTITIONERS ACT - REPEAL - SAVING OF RIGHTS.
Fact of the Case:
Sri Abdul Kasim, a First Grade pleader enrolled in the Hyderabad High Court, was dismissed from service as Munsif-Magistrate for bribery and inefficiency. The High Court initiated disciplinary proceedings against him under section 13 of the Legal Practitioners Act, 1879, for removal from the register of pleaders.
Finding of the Court:
The High Court held that it had jurisdiction to take disciplinary action against the pleader under section 13 of the Legal Practitioners Act, 1879, even though he did not hold a valid certificate at the time of the proceedings. The Court interpreted the phrase pleader holding a certificate in section 13 to include a pleader who had been admitted to the profession and whose name was entered in the register of pleaders, even if he had not renewed his certificate.
Issues: 1. Whether the High Court had jurisdiction to take disciplinary action against the pleader under section 13 of the Legal Practitioners Act, 1879, even though he did not hold a valid certificate at the time of the proceedings. 2. Whether the dismissal of the pleader from service for bribery and inefficiency constituted a reasonable cause for removal from the register of pleaders under section 13(f) of the Legal Practitioners Act, 1879.
Ratio Decidendi: 1. The Court held that the phrase pleader holding a certificate in section 13 of the Legal Practitioners Act, 1879, should be interpreted to include a pleader who had been admitted to the profession and whose name was entered in the register of pleaders, even if he had not renewed his certificate. This interpretation was based on the scheme of the Act, which provides for the initial issue of a certificate to a pleader upon admission to the profession, and for the renewal of the certificate every year thereafter. The Court held that a pleader who had been admitted to the profession and who held an initial certificate was a pleader holding a certificate within the meaning of section 13, even if he had not renewed his certificate. 2. The Court held that the dismissal of the pleader from service for bribery and inefficiency constituted a reasonable cause for removal from the register of pleaders under section 13(f) of the Legal Practitioners Act, 1879. The Court found that the pleader had abused his position as a Judicial Officer and had been dismissed for taking illegal gratification and for inefficiency. The Court held that such conduct was unbecoming of a pleader and that it was in the public interest to remove him from the register of pleaders.
Final Decision: The High Court ordered that the name of the pleader be removed from the register of pleaders.
( 1 ) SRI Abdul Kasim, B. A. LL. B. , was practising as a First Grade pleader in Hyderabad having enrolled himself as a pleader on 22nd March, 1925. His name was duly entered in the Register of Pleaders maintained by the Hyderabad high Court. He was renewing his Pleadership Certificate from year to year. His Pleadership Certificate was last renewed for the year 1941-42. He was appointed as Munsif-Magistrate on 26th September, 1942 and thereafter he did not renew his Pleadership Certificate. While he was working as Mtmsif-Magistrate, Nilanga, several complaints were lodged against him by eight pleaders of Nilanga complaining that he was corrupt and inefficient. Thereupon, the High Court initiated proceedings against him for disciplinary action and directed the Sessions Judge, Bidar, to make an enquiry and submit a report. On 11 th August, 1954, the Sessions Judge submitted his report, on the basis of which the following charges were framed against him :- (1) Acceptance of illgal gratification and issuing orders under influence, (2) Complicity and conspiracy with S. P. O. ; (3) Alteration and scratching of orders, raising suspicion in the mind of the litigant public ; (4) Inefficiency and poor knowledge of law; (5) Intervention in a Police case resulting in the absconding of the accused ; and (6) Collecting illegal and improper costs without authorisation and without submitting accounts.
( 2 ) THE Munsif-Magistrate filed a written statement denying all the charges and he elected to have an oral enquiry. The enquiry was conducted by Mr. Justice deshpande, one of the Judges of the Hyderabad High Court. He found, on the evidence that, although direct taking of bribes had not been proved, a reasonable inference could be drawn that he was likely to take bribes, that charges Nos. 2 and 3 were established, that either the Munsif-Magistrate lacked knowledge of law or that he was personally interested in the case and that charges 5 and 6 were not established. The learned Judge expressed the view that the Munsif was not fit to be kept in service but should be made to retire compulsorily under rule 9 (I d) of the Hyderabad Civil Services (Classification, Control and Appeal) Rules.
( 3 ) THE Chief Justice of the Hyderabad High Court, sitting along with Vithal Rao deshpande and Jagahmohan Reddy, JJ. , as Administrative Bench considered the report, gave a hearing to the Munsif and accepted the findings of Deshpande, J. Having regard to those findings and having regard to the previous enquiries, wherein he was found guilty of bribery, they held that the officer was fit to be dismissed from service. The Government, by their order, dated 5th July, 1956, dismissed him from service on the basis of the finding of the Administrative Bench after consulting the Public Service Commission and after giving an opportunity for the officer to represent his case. The question is whether Sri Abdul Kasim, who was dimissed from service for bribery and inefficiency, should be allowed to practise in the State as a First Grade Pleader.
( 4 ) ON merits, there cannot be two opinions. A pleader who abused his position as a Judicial Officer and who was dismissed for taking illegal gratification and for inefficiency, obviously, should not be allowed to soil the atmosphere of the legal profession which it should be the aim of any society to keep pure and unsullied. Indeed, the learned Counsel for the pleader does not contend that, in the circumstances, the pleader is entitled to practise in the Courts of the State but questions the jurisdiction of this Court to take disciplinary proceedings under section 13 of the legal Practitioners Act on the ground that the pleader is not at present holding a pleader s certificate. The material and relevant part of section 13 reads :- "the Hjgh Court may also, after such inquiry as it thinks fit, suspend or dismiss any pleader or Mukhtar holding a certificate as aforesaid. * * * * * * * (t) for any other reasonable cau
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