TMI Blog2023 (12) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt while exercising their statutory appellate or revisional authority are subject to the jurisdiction of the Court under Article 227 of the Constitution of India. Despite the curtailment of the power of this Court to revise an order pursuant to the amendment to Section 115 of Code of Civil Procedure under Act 46 of 1999, the power of this Court to exercise superintendence and control over courts and tribunals and exercise revisional jurisdiction continues to be recognised by virtue of Article 227 of Constitution of India. Being a Constitutional Court, the power is inherent, as it were. An adjudication implies that there is a lis before the Court of Tribunal and the Tribunal decides the same after hearing both the parties. The mere fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner before me had lodged a complaint against the second respondent before the first respondent. The civil revision petitioner alleged that the second respondent had committed acts of professional misconduct. He filed a complaint under Form-I with the first respondent. The first respondent had been constituted under Section 21 of the Chartered Accountants Act, 1949. The complaint was dismissed exonerating the second respondent from the charges. Aggrieved by the same, the present Civil Revision Petition has been filed. 3. When the matter came up for final hearing before me, I had raised a doubt as to how the revision is maintainable since the Board of Discipline constituted under Section 21A of the Chartered Accountants Act, 1949 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment in detail. In the said judgment, there is no discussion whether a petition under Article 227 of the Constitution of India is maintainable or not against a disciplinary proceeding/body/Committee. It looks like the objection as regards maintainability was never raised before the learned Judge and therefore, had not been gone into by him. 8. He would then cite the case of Surya Dev Rai vs Ram Chander Rai and others (2003) 6 SCC 675 to state that the power of the High Court under Articles 226 and 227 is in addition to the revisional power conferred on it. 9. I have to state that the judgment of Surya Dev Rai vs Ram Chander Rai and others (2003) 6 SCC 675 was partly overruled in the case of Radhey Shyam vs Chhabi Nath. (2015) 5 SCC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. A reading of Paragraph-16 of the judgment shows that in order to constitute a Tribunal, it must discharge judicial functions. The decision so made should affect the rights and liabilities of the parties. The material part of judicial function is enquiry and investigation of the facts. The Supreme Court categorically held that a Tribunal need not necessarily be a Court even if it is being presided over by a Judicial Officer. In our case, as would be seen later, the first respondent does not exercise judicial powers nor does it decide the rights and liabilities of parties to a lis . 13. Mr. Nithyaesh, then turns to a judgment of a Constitution Bench of the Supreme Court in the case of Associated Cement Companies Ltd vs P.N.Sharm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undisturbed. As per Wharton's Legal Dictionary, a lis means a suit, action, controversy or dispute. 18. I have to see whether a complaint given to a professional body amounts to a lis. It is no doubt initiated through a statutory form, but, I am of the opinion that rights and responsibilities of the parties are not being decided here. 19. An adjudication implies that there is a lis before the Court of Tribunal and the Tribunal decides the same after hearing both the parties. The mere fact that the parties are heard does not make a body - a Tribunal. Principles of natural justice have grown to such an extent that even without a body being a Tribunal, it has been called upon to comply with the principles of natural justice. The basi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Council in order to find out whether there is any reason to believe that any advocate has been guilty of misconduct. 'The Bar Council may act on its own initiative on information which has come to its notice in the course of its duties. Second, there is no party to the disciplinary proceedings. It is because the Bar Council, the Attorney-General, the Advocate-General, as the case may be, all act in protecting the interests of advocates, the interests of the public. In so acting there is no conflict between the advocate and another person. The reason is that it is professional conduct, professional etiquette, professional ethics, professional morality, which are to be upheld, transgression of which results in reprimanding the advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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