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TMI Blog1997 (2) TMI 576X X X X Extracts X X X X X X X X Extracts X X X X ..... e year. 2. On or about 21st of October, 1978, the appellant was appointed as City Government Pleader in all the Civil Courts constituted in Madras other than the High Court of Madras. The work was spread over several courts in Madras and the appellant as the city Government Pleader was required to conduct all the civil matters pending in the civil courts of Madras except the High Court, on behalf of the Government and also to give his opinion on these matters from time to time when required. The appellant was allowed the assistance of juniors who were not appointed by the Government. The respondent was provided with staff. 3. The first complaint which was filed by the Commission and Secretary, Government of Tamil Nadu against the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.40 with interest at the rate 12% p.a. and for a further declaration that he need not pay any rent after 30.6.1974. The complainant alleged that as a result of the gross negligence on the part of the appellant the Government of Tamil Nadu had suffered substantial loss. 5. The appellant contended that since the office staff had not put up the papers of this case before him, it was through inadvertence that the suit was decreed ex parte. The Bar Council of India has, however, noted that at the time when an application for setting aside the ex parte order was filed the appellant must have known about the pendency of the case, and the serious consequences that would follow if the order for payment of costs were not complied with. The Bar Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was not Government Pleader. These papers were received by his predecessor who made an endorsement on the letter of the Collector of Madras to the effect that remarks/statements be prepared. It is also not clear to whom this matter was assigned. According to the distribution of work, copy of which has been placed on record by the appellant, it was the duty of G. Jagannathan, the then Assistant to submit the records of the case to the City Government Pleader for preparation of the written statement. In the letter addressed by the Collector of Madras he had directed the Executive Deputy Tehsildar, Edmore to meet the Government advocate with the concerned file and to render necessary assistance in preparing the draft written statement. But it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n that letter. Thereafter another letter of 25.9.1979 was received by the office of the Government Pleader from the Directorate of Education, Madras on which an endorsement was made, remarks/written statement to be prepared . These remarks are in the same handwriting in which the endorsement on the previous letter is made. However, no memorandum for appearance was filed in that suit on behalf of the State of Tamil Nadu. On 26.10.1979 an ex parte decree came to be passed in that suit. 11. The appellant has contended that the office had not put up these papers before him. Therefore, there had been a lapse in attending to this case. Here also the Bar Council of India has accepted that there was no deliberate lapse on the part of the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l turpitude or delinquency may not amount to professional misconduct. 13. In the case of In re a vakil 1926 ILR 49 Mad. 523 . Courts Trotter, C.J., said, negligence by itself is not professional misconduct; into that offence there must enter the element of moral delinquency. Of that there is no suggestion here, and we are, therefore, able to say that there is no case to investigate, and that no reflection adverse to his professional honour rests upon Mr. M. In the case of P.D. Khandekar v. Bar Council of Maharashtra and Ors. AIR1984SC110 , this Court said, There is a world of difference between the giving of improper legal advice and the giving of wrong legal advice. Mere negligence unaccompanied by any moral delinquency on the par ..... X X X X Extracts X X X X X X X X Extracts X X X X
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