ANANDA SEN
Vikash Kumar Dubey – Appellant
Versus
Jharkhand State Bar Council, Ranchi – Respondent
JUDGMENT :
Ananda Sen, J.
Heard the learned counsel for the parties.
2. Learned counsel for the Bar Council prays for some time.
3. The prayer for adjournment made by the learned counsel for the Bar Council is rejected, mainly on the ground that the Bar Council has initiated an disciplinary enquiry in respect of a complaint made by respondent No. 3 against the petitioner, who is a practicing lawyer. The role of the Bar Council is limited. They should act as a neutral body and they cannot take side of any of the parties. Thus, they need not be heard on the merit of the case. The Bar council can only make submission if their jurisdiction is challenged.
4. By filing this petition, the petitioner, who is a practicing lawyer at Palamau at Daltonganj, has challenged the initiation and continuation of disciplinary enquiry being D.C. Enquiry No. 3/2023, initiated against the petitioner by Jharkhand State Bar Council vide notice dated 26.8.2023.
5. Counsel for the petitioner submits that admittedly the petitioner is a lawyer and he was conducting matrimonial cases and other cases representing the wife of respondent No. 3 against the respondent No. 3. Only to wreak vengeance and to preempt the pet
The court quashed disciplinary proceedings against a lawyer, finding the complaint to be frivolous and lacking merit, with no professional relationship between the complainant and the petitioner.
The court considered the futility of continuing disciplinary proceedings against an advocate due to age and inactive practice, leading to the quashing of the notice of hearing.
The Bar Council can initiate suo motu disciplinary proceedings against advocates for misconduct, and the procedural requirements under Section 35 of the Advocates Act are not overly restrictive.
The Bar Council's authority to refer complaints for inquiry under Section 35 of the Advocates Act is affirmed, emphasizing the need for proper inquiry into allegations of misconduct.
The Bar Council must form a 'reason to believe' before referring a case for disciplinary action to ensure valid complaints against advocates.
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.
Only parties with a direct legal relationship with an advocate can file complaints of professional misconduct against them under Section 35 of the Advocates Act, 1961.
An external member of an Internal Complaints Committee does not constitute a client-advocate relationship; therefore, allegations of professional misconduct under the Advocates Act are unfounded.
The court affirmed that the Bar Council's prima facie opinion is not subject to routine judicial review, emphasizing the need for proper inquiry by the Disciplinary Committee.
(1) Professional misconduct by Advocate – Ordinarily, existence of a jural relationship between complainant and Advocate concerned is a precondition for invocation of disciplinary jurisdiction on the....
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