Niladri Dhar vs Bar Council Of India
2023 Latest Caselaw 1322 Cal/2

OD 4

                                 WPO/1155/2023
                       IN THE HIGH COURT AT CALCUTTA
                          Constitutional Writ Jurisdiction
                                 ORIGINAL SIDE


                              NILADRI DHAR
                                   VS
             BAR COUNCIL OF INDIA, THROUGH ITS DISCIPLINARY
                          COMMITTEE AND ANR.


  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
  Date: 9th June, 2023.



                                                                         Appearance:
                                                   Mr. Niladri Dhar appears in person.

                                                             Mr. Avinash Kankani, Adv.
                                                       . . .for the Bar Council of India.


       The Court: The petitioner, appearing in person with leave of Court, submits

that in view of having sat tight over the matter of a complaint lodged by the

petitioner against a member of the Bar, the State Bar Council has lost

jurisdiction to decide the same. In support of such contention, the petitioner cites

Section 36B of the Advocates Act as well as two judgments.

       In both the judgments, the first rendered by Division Bench of this Court in

Sri Brojo Gopal Bhattacharyya versus Bar Council of West Bengal & Ors. and the

second by the Supreme Court in K. Anjinappa versus K.C. Krishna Reddy, it was

observed that after the expiry of the statutory period of twelve months, the

concerned Bar Council no longer has jurisdiction to decide on a complaint, if the

same has not been decided within the said period.
                                           2

      It is submitted that in the present case, the complaint was lodged as long

back as on January 13, 2022. That apart, there was a direction by a coordinate

Bench of this Court dated February 17, 2023, directing the State Bar Council of

West Bengal to decide on the complaint within three weeks from the date of

communication of the said order.

      The petitioner has annexed sufficient documents to the present writ

petition to establish that the order of the Coordinate Bench was communicated

duly at least on February 22, 2023.      Even after the lapse of more than three

weeks thereafter, nothing has been done by the State Bar Council.

      The petitioner, however, adds that after filing of the writ petition, the State

Bar Council, which is the respondent no.2, has given a notice to the petitioner

indicating a further date of hearing.

It is further contended that in any event, the first meeting called after the

said communication was held beyond the time stipulated by the Coordinate

Bench.

Lastly, it was intimated to the petitioner that since the petitioner did not

appear before the State authority, the authority had concluded the hearing and

might pass orders today, that is, on June 9, 2023.

Despite service, none appears for the respondent no.2/Bar Council of West

Bengal. An affidavit to that effect shall be filed by the petitioner on the next date

of hearing. The petitioner hands over copies of the notice issued by the State Bar

Council as mentioned above and his e-mail reply thereto, which are also kept on

record.

Since the Bar Council of West Bengal chooses not to appear at the time of

hearing, the matter is heard ex-parte in the absence of the State Bar Council.

Learned counsel for the Bar Council of India Disciplinary Committee, submits

that the stand taken by the petitioner is also corroborated by the ratio laid down

in Ajitsinh Arjunsinh Gohil versus Bar Council of Gujarat and Anr. reported in

2017 5 SCC 465.

Hence, hearing in the matter is concluded. The matter shall be listed on

June 12, 2023 fairly at the top of the list for passing orders. The petitioner shall

serve a further notice on the State Bar Council of West Bengal by tomorrow

intimating the said respondent no.2 about the next returnable date and file

receipt to that effect also on the next date of hearing.

Any action taken or order passed by the respondent no. 2 in the meantime

shall abide by the result of the writ petition.

(SABYASACHI BHATTACHARYYA, J.)

SP/