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TMI Blog2002 (1) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... of breach of trust for misappropriating the asset of a 'poor' client. But having held so, the Disciplinary Committee has chosen to impose a punishment of suspending the advocate from practice for a period of three years. 2. The delinquent advocate filed this appeal under section 38 of the Advocates Act, 1961 ('the Act'). We told him that in the event of this Court upholding the finding of misconduct, he should show cause why the punishment shall not be enhanced to removal of his name from the roll of the Bar Council of the State concerned. Notice on that aspect has been accepted by Mr. M.M. Kashyap, the learned counsel for the appellant. 3. We issued notices to the Bar Council of India and also to the Bar Council of UP, neither has chose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... client after deducting his fees and expenses. 6. On 3-8-1988, an affidavit purporting to be that of the respondent Baiju was filed by the appellant before the State Bar Council in which it is stated that compromise had been arrived at between him and his client and that no further action need be taken on the complaint filed by the respondent. The Disciplinary Committee of the State Bar Council was not prepared to act on the said affidavit without verifying it from the client concerned. Hence, they summoned the respondent and confronted him with the said affidavit. The respondent totally disowned the said affidavit, repudiated the alleged compromise between him and the appellant and denied having received any amount from the appellant-advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any interference in this appeal. 9. Now, we have the function to decide as to the quantum of punishment to be awarded to the delinquent appellant-advocate, since we feel that the punishment awarded is not adequate in proportion to the gravity of the misconduct. Section 38 empowers the Supreme Court to 'pass such order including an order varying punishment awarded by the Disciplinary Committee of the Bar Council of India as it deems fit'. The only condition for varying the punishment awarded by the Bar Council of India is that if such variation is to prejudicially affect the appellant, he should be given a reasonable opportunity of being heard. In the present appeal, we gave notice to the learned counsel for the appellant, to show cause wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh binoculars by the Bar Council of the State as well as by the Bar Council of India, and that their Disciplinary Committees would not acquiesce in any professional delinquency with flee bite punishment. 12. Among the different types of misconducts envisaged for a legal practitioner, misappropriation of the client's money must be regarded as one of the gravest. In his professional capacity, the legal practitioner has to collect money from the client towards expenses of the litigation, or withdraw money from the Court payable to the client or take money of the client to be deposited in Court. In all such cases, when the money of the client reaches his hand, it is a trust. If a public servant misappropriates money, he is liable to be punishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded has not been escalated to removal from the roll. One is Prahlad Saran Gupta v. Bar Council of India [1997] 3 SCC 585. In that case, the finding against the delinquent advocate was that he retained a sum of Rs. 1,500 without sufficient justification from 4-4-1978 till 2-5-1978 and he deposited the amount in the Court on the latter date, without disbursing the same to his client. The said conduct was found by this Court as 'not in consonance with the standards of professional ethics expected from a senior member of the profession'. On the said fact situation, this Court imposed a punishment of reprimanding the advocate concerned. 16. The other case cited by the learned counsel is B.R. Mahalkari v. Y.B. Zurange [1997] 11 SCC 109. The find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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