Case Note & Summary
The Supreme Court allowed an appeal by an advocate against a disciplinary order holding him guilty of professional misconduct. The respondent-complainant had filed a complaint under Section 35 of the Advocates Act, 1961 alleging negligence in depositing costs for a quashing petition. During proceedings, the parties resolved the misunderstanding, and the complainant filed an affidavit withdrawing the complaint. The Disciplinary Committee of the BCI proceeded to adjudicate, holding the advocate guilty and imposing a penalty. The Supreme Court found that the Committee failed to consider the withdrawal affidavit and lack of evidence, violating procedural fairness. The Court set aside the order, emphasizing that the complaint's basis had vanished upon resolution.
Headnote
The Supreme Court allowed the appeal filed under Section 38 of the Advocates Act, 1961 (Advocates Act) against the judgment dated 4th April, 2025 of the Disciplinary Committee of the Bar Council of India (BCI) -- The Disciplinary Committee had held the appellant-advocate guilty of professional misconduct under Section 35 of the Advocates Act for alleged failure to deposit costs and absence from court hearing -- The Court found that the Disciplinary Committee ignored the sworn affidavit dated 15th December, 2022 filed by the respondent-complainant withdrawing the complaint and expressing satisfaction with the appellant's services -- The Court held that the substratum of the complaint ceased to exist upon amicable resolution and withdrawal -- The Court also noted that no evidence was led by the complainant, and the appellant was denied the right to cross-examination, rendering the finding unsustainable -- The impugned judgment was set aside, and the penalty of Rs.1 Lakh with suspension threat was quashed
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Issue of Consideration: Whether the Disciplinary Committee of the Bar Council of India erred in holding the appellant-advocate guilty of professional misconduct despite the complainant's affidavit withdrawing the complaint and lack of evidence
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Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment dated 4th April, 2025 of the Disciplinary Committee of BCI, and quashed the penalty imposed on the appellant-advocate
