IMPORTANT POINT
A competent authority's notice of hearing in disciplinary proceedings is not subject to challenge in a writ petition unless there are clear grounds of incompetence or mala fides.

ORDER :

S.M.SUBRAMANIAM, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for records in D.C.C.No.205/2023 in pursuant to the Notice of Hearing dated 22.12.2023 issued by the 1st Respondent based on the resolution passed in Resolution No.714 of 2023 dated 18.10.2023 on the complaint of the 2nd Respondent in Complaint No.271/2023 and quash the same.

The writ on hand has been instituted challenging the notice of hearing dated 22.12.2023 issued by the 1st respondent based on the resolution passed in Resolution No.714 of 2023 dated 18.10.2023 on the complaint of the 2nd respondent in Complaint No.271/2023 and quash the same.

2. The 2nd respondent filed a complaint before the Bar Council of Tamil Nadu and Puducherry against the writ petitioners, who all are practising lawyers. The Bar Council of Tamil Nadu and Puducherry found that there is a prima facie case against the petitioners and consequently referred the complaint for conducting an enquiry before the Disciplinary Committee duly constituted. The Disciplinary Committee issued notice of hearing to the parties for conducting an enquiry. The said notice is under challenge in the present writ petition.

3. Notice of hearing or show cause notice issued by the committee for conducting an enquiry would not provide a cause for institution of writ petition unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with allegation of mala fides. However no such grounds are established before this Court. Therefore, the parties are to participate in the enquiry proceedings for conducting enquiry by the committee by following due procedures to all the parties concerned.

4. The learned counsel for the 2nd respondent brought to the notice of this Court that the complaint is pending before the Bar Council of Tamil Nadu and Puducherry. Thus, the parties are at liberty to participate in the enquiry proceedings and defend their respective cases. However, this Court is not inclined to entertain the writ petition, since it is filed challenging the notice for hearing issued by the Disciplinary Committee.

5. Mr.M.R.Jothimanian, learned counsel appearing on behalf of the Bar Council of Tamil Nadu and Puducherry would submit that the enquiry proceedings will be concluded within a period of one year as contemplated under the Rules.

6. The parties are directed to cooperate for early disposal of the disciplinary proceedings. Unnecessary adjournments are to be avoided. In the event of non-cooperation, the same may be recorded by the Disciplinary Committee and accordingly, the enquiry may be proceeded by following the due process of law.

7. With the above direction, this Writ Petition stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed.