Bombay High Court
Shri Popat Pandharinath Sutar vs Member Of Bar Association Of ... on 9 December, 2016
Bench: Anoop V. Mohta
1 WP 5285-15 (Judgment).doc-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
WRIT PETITION NO.5285 OF 2015
Shri Popat Pandharinath Sutar. ]
Age : 70 years, Occ. - Petitioner-Writer ]
Work at Post Kunku Galli, Karmala, ]
Tal.: Karmala, District : Solapur. ] ... Petitioner
Versus
1. Member of Bar Association of Advocates,
ig ]
Tal. : Karmala, Dist. : Solapur, ]
2. Principal District Judge, Solapur, ]
3. Registrar General, High Court, ]
Bombay-32. ] ... Respondents
Mr. D. J. Shejul for Petitioner.
Ms. Rebecca Gonsalves for Respondent Nos.2 and 3.
CORAM :- ANOOP V. MOHTA &
A. S. GADKARI, JJ.
DATE :- DECEMBER 09, 2016
ORAL JUDGMENT :- (Per Anoop V. Mohta, J.)
1. Heard finally.
2. The petitioner who is a licensed Petitioner-Writer and
working accordingly in the Civil Court Junior Division, Karmala,
District - Solapur, has filed the present petition thereby challenging
the order / communication dated 06/04/2015 whereby his license
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dated 20/06/2001, as issued under the provisions of para 626,
Appendix B of the Civil Manual, was suspended. The reason for
suspending his license was duly noted and considered after holding
the inquiry, which was conducted after giving an opportunity to the
petitioner to participate and even to cross-examine the witnesses so
brought in by the department. The affidavit-in-reply dated
30/09/2015 filed by respondent nos.2 and 3 reflects the events which
has remained undisputed. Those are recorded in paras 4 to 9 which
as follows :-
"4.
I say that on 9/1/2014, when the Court of Shri S.V.Jadhav
the then Civil Judge Junior Division, Karmala was in
session, the Petitioner created a hue and cry in the office of
the Assistant Superintendent, as well as in the Court Hall.
A report dated 13/1/2014 regarding the above incident
was submitted by the Civil Judge Junior Division, Karmala
to the office of the Principle District and Sessions Judge,
Solapur. A copy of the report is annexed herewith as
Exhibit 'A'.
5. On 29/1/2014, the the Civil Judge appointed the Jt. Civil
Judge Junior Division, Shri J.G.Pawar as the Inquiry Officer
in respect of the said incident. The Petitioner was given
notice regarding the inquiry. The evidence of eight
witnesses including the Petitioner was recorded, in the
presence of the Petitioner. The Petitioner was given the
opportunity to put suggestive questions to the witnesses.
The Petitioner participated in the inquiry, and a full
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opportunity was given to him to do so. Shri J.G.Pawar
submitted his findings vide his report dated 8/7/2014 to
the Civil Judge Junior Division. A copy of the report is
annexed herewith as Exhibit 'B'.
6. Thereafter also, complaints were received regarding the
Petitioner therefore, on 6/11/2014, the Jt. Civil Judge
Junior Division, Shri J..Pawar was appointed as the Inquiry
Officer.
7. During the pendency of the inquiry, on 25/3/2015, the
Petitioner once more created a hue and cry, and misbehaved
in the Court of the Civil Judge Junior Division, Karmala,
Shri J.G.Pawar. The Petitioner entered the Court of Shri
J.G.Pawar, and started shouting,"Raju Galke is going to
murder me. You are not doing anything." Shri J.G.Pawar
tried to reason with him, but he did not stop shouting.
Therefore, a complaint was lodged with Karmala police
station u/s 110 and 117 of the Bombay Police Act in this
regard. A copy of the said complaint is annexed herewith as
Exhibit 'C'.
8. The Inquiry Officer Shri J.G.Pawar appointed on
6/11/2014, gave an opportunity to all the parties
concerned to make their submissions. The evidence of
eleven witnesses including the Petitioner was recorded, in
the presence of the Petitioner. The Petitioner participated in
the inquiry, and a full opportunity was given to him to do
so. Shri J.G.Pawar submitted his findings vide his report
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dated 2/4/2015 to the Civil Judge Junior Division. A copy
of the report is annexed herewith as Exhibit 'D'. The said
report found him guilty of the complaint/s alleged against
him.
9. Shri J.G.Pawar, the Jt. Civil Judge Junior Division
addressed a letter dated 4/4/2015 to the Respondent No.2
requesting the Respondent No.2 to take appropriate action
against the Petitioner. A copy of this letter is annexed
herewith as Exhibit 'E'. The Respondent No.2 vide the
order dated 6/4/2015 directed that the license of the
Petitioner would stand suspended with immediate effect. A
copy of this order is annexed herewith as Exhibit 'F'."
3. The incident, though the petitioner was working since
2001 in the Civil Court Junior Division, Karmala, District - Solapur,
but while the Court was in session, he misbehaved in the Court, as
recorded apart from the other findings. Such misconduct was rightly
taken note of. No case is made out by the petitioner to interfere with
the order / action so initiated by the respondents. It is also in the
backdrop that after holding the inquiry by following the due
procedure of law and by giving the opportunity to the petitioner, the
decision so taken is based upon the report, apart from the complaint
against the petitioner filed with the Karmala Police Station. We see
there is no infirmity and illegality in the orders so passed. The action
is well within the framework of law and the record.
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4. Even otherwise, taking overall view of the matter, we see
there is no case made out by the petitioner to interfere in the writ
jurisdiction under Article 226 of the Constitution of India. The
petition is dismissed.
5. There shall be no order as to costs.
(A. S. GADKARI, J.) ig (ANOOP V. MOHTA, J.)
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