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S. M. SUBRAMANIAM, C. KUMARAPPAN
Radhika Rajendran W/o. Rajendran Cherooli – Appellant
Versus
Bar Council of India – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, to direct the respondent No.1 and Respondent No.2 to dispose of petitioner's complaint dated 30.10.2021 in No. 372 of 2021 in D.C.C.No. 128/2022 pending before Respondent No.1, within a time period fixed by this Honorable Court and pass such further or other suitable orders as this Honourable Court deems fit and proper in the circumstances of the case.
Mr.C.K.Chandrasekaran, learned counsel appearing on behalf of the Bar Council of Tamil Nadu would submit the petitioner is the complainant. The case of the petitioner has been transferred to the Bar Council of India on 16.11.2022 under Section 36B of The Advocates Act. Thus, the petitioner is at liberty to pursue the complaint before the Bar Council of India.
2. With the above observations, this writ petition stands disposed of. No costs.
A writ of Mandamus is not necessary when the complainant has the option to pursue the matter before a different authority, as per the provisions of the Advocates Act.
The transfer of a complaint to the Bar Council of India under Section 36B of the Advocates Act establishes the appropriate jurisdiction for disciplinary matters involving advocates.
The transfer of a disciplinary complaint to the Bar Council of India under Section 36B of The Advocates Act allows the complainant to pursue their case in the appropriate legal forum.
The transfer of complaints under Section 36B of The Advocates Act to the Bar Council of India is a procedural safeguard that allows for proper adjudication of grievances against advocates.
The court reaffirmed that statutory remedies provided under the Advocates Act must be exhausted before seeking judicial review under Article 226 of the Constitution.
The necessity to exhaust statutory appellate remedies before seeking judicial review in disciplinary matters under the Advocates Act, 1961.
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
Judicial review by the High Court does not extend to adjudicating the merits of disciplinary complaints against lawyers, which must be handled by the Bar Council.
The court affirmed that the Bar Council's decision to drop a complaint is valid and that aggrieved parties have the right to seek further recourse through established legal channels.
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