Sneh Kumar Tyagi vs State Of Up And 3 Others
2024 Latest Caselaw 17604 ALL

Allahabad High Court

Sneh Kumar Tyagi vs State Of Up And 3 Others on 16 May, 2024

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88440-DB
 
Court No. - 29
 

 
Case :- WRIT - C No. - 9461 of 2024
 

 
Petitioner :- Sneh Kumar Tyagi
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Vidya Prakash Singh
 
Counsel for Respondent :- Ashok Kumar Tiwari,C.S.C.
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Vidya Prakash Singh, learned counsel for the petitioner and Sri Ashok Kumar Tiwari, learned counsel for the respondent.

2. The present petition has been filed seeking a writ, order or direction in the nature of certiorari quashing the notice dated 23.2.2024 issued by respondent no.3 as well as the disciplinary proceedings initiated against the petitioner registered as Case No. 17 of 2024 (Hemant Vs. Sri Sneh Kumar Tyagi, Advocate) moved by respondent no.4 before Bar Council of Uttar Pradesh/respondent no.2.

3. Vide order dated 20.3.2024, learned counsel for Bar Council of Uttar Pradesh was granted time to obtain clear written instructions.

4. Today, he has produced before this court a copy of the order dated 15.4.2024 annexing therewith copy of the resolution passed in proceedings dated 20.1.2024 of the Bar Council of Uttar Pradesh General House Meeting. The said resolution is quoted as under:

"Read the complaint of Shri Hemant against Shri Sneh Kumar Tyagi, Advocate, Ghaziabad.

The Bar Council of Uttar Pradesh has perused the contents of the complaint and has reason to believe that the advocate concerned is prima facie guilty of Professional Misconduct/Other Misconduct, accordingly, it is resolved that the complaint is therefore, referred to the Disciplinary Committee for disposal according to law."

5. Learned counsel for the petitioner has placed reliance on the judgment of the Hon'ble Apex Court in the case of Bar Council of Maharashtra vs. M.V. Dabholkar AIR 1975 Supreme Court 2092 as well as an order of this Court dated 11.12.2015 passed in Civil Misc. Writ Petition No. 54966 of 2008 'Shakti Swarup Nigam & Anr. vs. Bar Council of U.P. & Anr'.

6. We find that the resolution clearly reflects its satisfaction recorded by the General House wherein reasoning is not required to be recorded. Moreover, the resolution is not under challenge and only the show cause notice is under challenge.

7. Accordingly, the present petition stands disposed of with liberty to the petitioner to raise all such objections in the light of the show cause notice.

Order Date :- 16.5.2024

Madhurima