9911796707
TMI Blog2001 (7) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... high standard of morality and unimpeachable sense of legal and ethical propriety. Since the Bar Councils under the Act have been entrusted with the duty of guarding the professional ethics, they have to be more sensitive to the potential disrepute on account of action of a few black sheeps which may shake the credibility of the profession, and thereby put at stake other members of the Bar. Considering these factors, the Bar Council had inflicted in its earlier order the condign penalty. Under these circumstances no hesitation in setting aside the impugned order dated 4-6-2000, and restoring the original order of the Bar Council of India dated 31-7-1999. - CIVIL APPEAL NO. 6768 OF 2000 - - - Dated:- 26-7-2001 - K.T. THOMAS AND Y.K. SABHAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wrote a letter to Mahant Rajgiri - his client, inter alia, stating that his another client has told him that the concerned Judge accepts bribe and he has obtained several favourable orders from him in his favour, if he can influence the Judge by some other gentlemen, then it is a different thing; otherwise, he should send to him a sum of Rs. 10,000 so that through the said client, the suit is got decided in his (Mahant Rajgiri s) favour. The letter further stated that if Mahant can personally win over the Judge on his side, then there is no need to spend money. This letter is not disputed. In reply to complaint, the respondent pleaded that the services of the presiding judge were terminated on account of illegal gratification and he had f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he admittedly demanded Rs. 10,000 from his client and he orally stated that subsequently, order was passed in his client s favour. This is enough to make him totally unfit to be a lawyer by writing the letter in question. We cannot impose any lesser punishment than debarring him permanently from the practice. His name should be struck off from the roll of advocates maintained by the Bar Council of Rajasthan. Hereafter, the appellant will not have any right to appear in any court of law, tribunal or any authority. We also impose a cost of Rs. 5,000 to the appellant which should be paid by the appellant to the Bar Council of India which has to be paid within two months." 5. The respondent filed a review petition under section 44 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the omission he had committed. He is warned by the Committee that he should not encourage such activities in life and he should be careful while corresponding with his client. In view of the aforesaid observations, the review petition is accepted and the earlier judgment of the Committee dated 31-7-1999 is modified to the extent and his suspension for life is revoked and he is only reprimanded." 7. We have perused the record. The original order has been reviewed on non-existent grounds. All the factors taken into consideration in the impugned order were already on record and were considered by the Committee when it passed the order dated 31-7-1999. The power of review has not been exercised by applying well-settled principles gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking a different view of the same set of facts. 8. The respondent was indeed guilty of a serious misconduct by writing to his client the letter as aforesaid. The members of the legal profession are officers of the court. Besides courts, they also owe a duty to the society which has a vital public interest in the due administration of justice. The said public interest is required to be protected by those on whom the power has been entrusted to take disciplinary action. The disciplinary bodies are guardians of the due administration of justice. They have requisite power and rather a duty while supervising the conduct of the members of the legal profession, to inflict appropriate penalty when members are found to be guilty of misconduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a very high standard of morality and unimpeachable sense of legal and ethical propriety. Since the Bar Councils under the Act have been entrusted with the duty of guarding the professional ethics, they have to be more sensitive to the potential disrepute on account of action of a few black sheeps which may shake the credibility of the profession, and thereby put at stake other members of the Bar. Considering these factors, the Bar Council had inflicted in its earlier order the condign penalty. Under these circumstances, we have no hesitation in setting aside the impugned order dated 4-6-2000, and restoring the original order of the Bar Council of India dated 31-7-1999. 10. The appeal is, thus, allowed in the above terms with costs qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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