TMI Blog1983 (8) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... was in connection with acquisition of Bhumidari rights. Presumably, this led to the filing of Civil Suit No. 478/68 by complainant Chottey Singh against Smt. Sarbati Devi wife of his real brother and his father Khazan for cancellation of a gift deed alleged to have been executed by Khazan in favour of Smt. Sarbati Devi. The allegation was that taking advantage of the old age and mental infirmity of Khazan, Appellant Narendra Singh, nephew of Khazan colluded with alleged donee in obtaining the gift deed. Further allegation was that the appellant had forged signature of Khazan in the Vakalatnama and consent application filed on behalf of Khazan in the suit. When Khazan realised that he was the victim of the machinations of the appellant, he filed an affidavit in the suit to which he was a party alleging therein that the appellant had himself forged the signatures on Vakalatnama and consent application. On receipt of this application, the learned Munsif before whom the suit was pending issued notice to the appellant to show cause why appropriate action be not taken against him. However, before any order could be made in the proceedings, Khazan died and it appears that the learned Muns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmittee observed that evidence of Chhotey Singh cannot be relied upon in view of his earlier affidavit and in view of the fact that he is a near-relation of the appellant and does not appear to be a votary of truth. There was thus no evidence on behalf of the appellant explaining circumstances appearing in the evidence of the complainant and the documents placed on record. The disciplinary committee did not record finding in respect of each of three heads of charges seperately. However in respect of third head of charge, the disciplinary committee observed that it has not been established to our satisfaction that the advocate concerned had got Shri Udai Bir Singh implicated in any criminal case as alleged by the complainant but his conduct as regard the gift deed executed by Shri Khazan Singh, his vakalatnama and written statement filed in the case instituted by Chhotey Singh for cancellation of the gift deed remain unexplained'. This statement was construed to mean that the appellant was exonerated in respect of the third head of charge and found guilty in respect of the first two heads of charges. The disciplinary committee imposed a punishment of suspension for a period of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... committee of the Bar Council of India hearing an appeal under Section 37 at the instance of the appellant to set aside the order in his favour exonerating him in respect of charge No. 3 and therefore the decision of the disciplinary committee of the Bar Council of India is wholly without jurisdiction and on this short ground it must be quashed and set aside. 6. The contention thus raises a question of law of considerable importance concerning the jurisdiction of the Committee of the Bar Council of India hearing an appeal under Section 37. 7. The Advocates Act, 1961 was enacted to amend and consolidate the law relating to legal practitioners and to provide for Constitution of State Bar Councils and an All-India Bar Council. Section 3 provides for setting up a Bar Council for each of the States mentioned therein. Section 4 envisages setting up of the Bar Council of India Section 35 confers disciplinary jurisdiction on the State Bar Council. It provides that where on receipt of a complaint or otherwise, the State Bar Council has reason to believe that any advocate on its roll is guilty of professional or other misconduct it shall refer the case for disposal to its disciplinary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or disposal to its disciplinary committee. The State Bar Council can act either on the receipt of a complaint or by information coming to it otherwise. In this connection, however, the Bar Council of India has framed rules styled as Bar Council of India Rules, 1975 enacted in exercise of the rule making power conferred by Section 49 of the Advocates Act, 1961. The rules included in part 7 prescribe the procedure for initiation and disposal of disciplinary proceedings and review. Rule 1 in chapter I in Part 7 provides that a complaint against an advocate shall be in the form of a petition duly signed and verified as required in the CPC. This rule will be attracted where the State Bar Council is moved by a complaint for taking disciplinary action against an advocate but a State Bar Council has also the jurisdiction to act on information received otherwise than by way of a complaint, if it has reason to believe that any advocate has been guilty of professional or other misconduct. In such a situation, there is no question of compliance with Rule 1 in Chapter I. The jurisdiction to act otherwise than on a formal complaint was conferred keeping in view the pre-eminent position that lega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as 'as it deems fit'? Undoubtedly, this expression 'as it deems fit' confers a jurisdiction of widest amplitude on the quasi-judicial tribunal. But that does not mean that such tribunal can pass any order in total disregard of the statutory provisions under which the quasi-judicial tribunal is created and is conferred jurisdiction to resolve disputes arising in the implementation of the statute. The disciplinary committee of the Bar Council of India is a limb of the Bar Council of India and the Bar Council of India is a creature of the Advocates Act, 1961 on whom the duty to lay down standards of professional conduct and etiquette for advocates is conferred and is further charged with the duty to safeguard the rights, privileges and interests of advocates, and to perform all other function conferred on it by or under the Act. With a view to efficiently discharging these functions, disciplinary committee of the Bar Council of India is not only exercising appellate power but this power has to be exercised keeping in view the functions of the Bar Council of India. Therefore when it is said that the disciplinary committee of Bar Council of India may decide the case as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qually important to bear in mind the legislative response to the decision of this Court. In Ade Pherozshah Gandhi v. H.M. Seervai, Advocate General of Maharashtra, Bombay, this Court by a narrow majority of 3: 2 interpreted expression 'person aggrieved' in Section 37(1) not to include the Advocate General of the State. Parliament responded not only by amending Section 37(1) to confer right of appeal on Advocate General of the State against the decisions of disciplinary committee of State Bar Council but further enlarged the appellate jurisdiction to vary punishment imposed by disciplinary committee of the State Bar Council. And the appellate body could exercise this power even if the person aggrieved by mild punishment or Advocate General have not preferred an appeal. It can as well exercise this power in the appeal preferred by the delinquent advocate. That is what is meant by this Court when it said that disciplinary proceedings against lawyer not only involves the particular lawyer but the profession as a whole. This is the extent of jurisdiction enjoyed both by the disciplinary committee of the Bar Council of India hearing an appeal under Section 37(2) and a fortiori th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt when the appeal was heard. His statement must carry weight with us. 15. There is also one more reason why we are not inclined to interfere in this case. The appellant did not choose to appear before the disciplinary committee of the State Bar Council and submit his version of the matter. On the contrary he apparently won over his cousin Chhotey Singh, one of the complainants and offered him as a witness on his behalf. He did not take oath in support of his statement. He did not offer himself for cross-examination. He simply watched the proceedings. Serious allegations were made against the advocate by no less a person than his own-near relation and now he has filed an affidavit in this Court after the matter was heard for some time which we consider worthless. Miss Thomas urged that we must finally dispose of the matter because the appellant is being interviewed for some post in judicial service in the State of Uttar Pradesh and therefore she had moved for early hearing of the appeal. We are not disposed to accede to this request for the simple reason that the Advocates Act was a legislative response to the demands of the legal profession that a defaulting advocate shall be t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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