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TMI Blog2001 (7) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... f the profession conduct themselves. There is heavy responsibility on those on whom duty has been vested under the Advocates Act, 1961 ('the Act'), to take disciplinary action when the credibility and reputation of the profession comes under a clout [cloud?] on account of acts of omission and commission by any member of the profession. 2. In this appeal, while issuing notice, this Court had stayed till further orders the impugned order passed by the Disciplinary Committee of the Bar Council of India. We admit the appeal and heard the learned counsels for the parties. On facts, there is not much dispute. The facts, material for the decision of this appeal briefly are as follows: 2.1 A complaint filed by the appellant against the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigating public and the legal profession, such a practice whenever found has to be dealt with in an appropriate manner. Holding respondent guilty of misconduct under section 35 of the Act, the State Bar Council suspended him from practice for a period of two years with effect from 15-6-1997. 4. The respondent challenged the aforesaid order before the Disciplinary Committee of Bar Council of India comprising of three members, enhanced the punishment and directed that the name of the respondent be struck off from the roll of advocates, thus, debarring him permanently from the practice. The concluding paragraph of the order dated 31-7-1999, reads thus: "In the facts and circumstances of the case, we also heard the appellant as to the punishm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "(1)The Committee was under the impression as if it was the petitioner who had written a letter to his client calling him to bribe a Judge. This vital point which touches the root of the controversy seems to have been ignored at the time of passing the impugned order. (2)The petitioner is an old man of 80 years. He had joined the profession in the year 1951 and during such a long innings of his profession, it was for the first time that he conducted himself in such an irresponsible manner although he had no intention to bribe. (3)The Committee does not approve of writing of such a letter on the part of the lawyer to his client, but keeping in view the age and past clean record of the petitioner in the legal profession, the Committee is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted letter was sent requiring his client to send Rs. 10,000 for payment as bribe to the concerned Judge. We are unable to understand as to how the Committee came to the conclusion that any vital point in regard to the letter had been ignored at the time of the passing of the order dated 31-7-1999. The age and the number of years the advocate had put in, had also been noticed in the order dated 31-7-1999. We do not know how the Committee has come to the conclusion that the respondent had no intention to bribe the Judge. There is nothing on the record to suggest it. The earlier order had taken into consideration all relevant factors for coming to the conclusion that the advocate was totally unfit to be a lawyer having written such a let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f delinquency involving serious misconduct which has a tendency to erode the credibility and reputation of the said profession. The punishment, of course, has to be commensurate with the gravity of the misconduct. 9. In the present case, the earlier order considering all relevant aspects directed expulsion of respondent from profession which order could not be lightly modified while deciding a review petition. It is evident that the earlier Committee, on consideration of all relevant facts, came to the conclusion that the advocate was not worthy of remaining in the profession. The age factor and the factor of number of years put in by the respondent were taken into consideration by the Committee when removal from the roll of the State Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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