Nandlal Khodidas Barot Vs. Bar Council of Gujarat and Ors.
Topic : Suspension from practice
Provisions : Section 35 (1) of Advocates Act, 1961
Citation : MANU/SC/0080/1980
Court : Supreme Court
Date of Decision : 24.09.1980
Facts
Present appeal is filed under Section 38 of the Advocates Act, 1961. In a proceeding transferred to it under Section 36B of the Act, the Bar Council of India by its order dated 17 April, 1977 found that the appellant was guilty of professional misconduct and suspended him from practice for a period of one year. The complaint on which the proceeding was initiated was filed in the Gujarat Bar Council on 9 October, 1971.
Key Takeaways for Students
Legal Issue
Whether the reference by the State Bar Council to the Disciplinary Committee was valid?
Holding
The Court observed that the Bar Council of Gujarat passed a resolution on 16 November, 1971 referring several complaint against different advocates including the one against the appellant to the Disciplinary Committee of the Bar Council, The resolution reads:
Resolved that the following complaints be and are hereby referred to the Disciplinary Committee of the Bar Council.
The names of the advocates and the complaints in which they were concerned were listed. Nothing appears from the record of the case to suggest that before referring the complaint against the appellant to the Disciplinary Committee, the State Bar council applied its mind to the allegations made in the complaint and found that there was a prima facie case to go before the Disciplinary Committee.
Resolution does not even say that the State Bar Council had considered the complaint and found that there was a prima facie case. It must therefore be held that the reference by the State Bar Council to the Disciplinary Committee was invalid and that being so the proceedings before the Disciplinary Committee of Bar Council of Gujarat and also before the Disciplinary Committee of the Bar Council of India on transfer were void.
The order of the Disciplinary Committee of the Bar Council of India suspending tie appellant from practice for one year is set aside.
Final Decision Appeal Allowed.
Ratio
In absence of any prima facie case the reference by the State Bar Council to the Disciplinary Committee was invalid.