Advocates Act, 1961: s.36B(l) - Complaint against Advocate - Transfer of
disciplinary proceedings, to the Bar Council of India (BCI) ,from
the State Bar Council as per mandate enshrined u/s.36B(l)- Whether
the BCI instead of enquiring into the complaint and adjudicating
thereon, can send it back to the State Bar Council with direction to
decide the controversy within a stipulated time - Held: When the
language employed u/s. 36B(l) and s.36 are read in juxtaposition,
it is clear that the legislature desired that the disciplinary
proceedings are to be put to an end within a particular time frame
by the State Bar Council and if that is not done, the whole thing
gets transferred to the BCI, which is obliged to cause an enquiry -
Once original jurisdiction to deal with complaint stands transferred
to the BCI, it cannot be said that disposal by BCI would include
remand - The legislature never intended either .fi·om the perspective
of the complainant or from the delinquent advocate that a complaint
transferred to BCI, be again sent back to the State Bar Council.
s.36B(l) and s.37 - Distinction between - Held: BCJ exercises
F appellate jurisdiction u/s.37 and original jurisdiction u/s.36B(l) -
While exercising appellate jurisdiction u/s.37, the BCI can remand
the matter to the State Bar Council whereas, uls.36B(l) original
jurisdiction to deal with complaint stands transferred to the BCI thus, it cannot be remanded back to State Bar Council - BCI, while
exercising original jurisdiction on transfer of a complaint, cannot exercise appellate jurisdiction.
Supreme Court- Directions - Pei:formance of duty by statutory body - Disciplinary authority of State Bar Councils found to be not
disposing of complaints within stipulated period - Held:
Responsibility to deal with the disciplinary proceedings is cast on Advocates Act, 1961: s.36B(l) - Complaint against Advocate - Transfer of
disciplinary proceedings, to the Bar Council of India (BCJ) ,from
the State Bar Council as per mandate enshrined uls.36B(l)- Whether
the BCJ, instead of enquiring into the complaint and adjudicating
thereon, can send it back to the State Bar Council with direction to
decide the controversy within a stipulated time - Held: When the
language employed u/s. 36B(l) and s.36 are read in juxtaposition,
it is clear that the legislature desired that the disciplinary
proceedings are to be put to an end within a particular time frame
by the State Bar Council and if that is not done, the whole thing
gets transferred to the BCI, which is obliged to cause an enquiry -
Once original jurisdiction to deal with complaint stands transferred
to the BCJ, it cannot be said that disposal by BCI would include
remand - The legislature never intended either .fi·om the perspective
of the complainant or from the delinquent advocate that a complaint
transferred to BCI, be again sent back to the State Bar Council.
s.36B(l) and s.37 - Distinction between - Held: BCJ exercises appellate jurisdiction u/s.37 and original jurisdiction u/s.36B(l) -
While exercising appellate jurisdiction uls.37, the BCJ can remand
the matter to the State Bar Council whereas, uls.36B(l) original
jurisdiction to deal with complaint stands transferred to the BCI thus, it cannot be remanded back to State Bar Council - BCI, while
exercising original jurisdiction on transfer of a complaint, cannot
G exercise appellate jurisdiction.
Supreme Court- Directions - Pei:formance ()f duty by statutory'
body - Disciplinary' authority of State Bar Councils found to be not
disposing of complaints within stipulated period - Held:
Responsibility to deal with the disciplinary proceedings is cast on the State Bar Council, which constitutes its disciplinary committee - A statutory authority is obliged to constantly remind itself that the
mandate of the statute is expediency and the stipulation of" time is
mandatory - State Bar Councils asked to take periodical stock of
cases with regard to the progress of the Disciplinary committee and
find out the cause of delay and guide themselves to act with
B
expediency so that the Councils, as statutory bodies, do their duty
as commanded under the Act.
Interpretation of Statutes - On the text and context -
Discussed.
Advocates - Nobility of legal profession - Held: Ah advocate
stands in a loco parentis towards the litigants - He has a paramount
duty to his client and client is entitled to receive disinterested, sincere
and honest treatment.