SPA/231/2022
2022 Latest Caselaw 2267 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

25th JULY, 2022 SPECIAL APPEAL No. 231 OF 2022 Between:

Arjun Singh Bhandari ........Appellant.

and

Bar Council of Uttarakhand and another. ....Respondents

Counsel for the appellant : Mr. Navnish Negi, learned counsel.

Counsel for the respondents : Mr. Piyush Garg, learned counsel.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

There is delay of forty days in filing the present

Special.

2. Mr. Piyush Garg, the learned counsel for the

respondents, does not oppose the Application seeking

condonation of forty days' delay in filing the present Appeal.

3. Hence, for the reasons stated in Affidavit filed

along with the Application for condondation of delay, the

delay of forty days in filing the present Special Appeal is

condoned. Accordingly, the Application for condonation of

delay (IA No. 1 of 2022) stands disposed of.

4. The present Appeal is directed against the order

dated 09.05.2022, passed in WPMS No. 964 of 2022.

5. The learned Single Judge dismissed the said writ

petition preferred by the appellant-who is a Member of the

Disciplinary Committee, constituted under Section 9(1) of

the Advocates Act, 1961 for conducting disciplinary

proceedings against Members of the Bar.

6. The grievance, raised by the petitioner, was in

relation to withdrawal of Case No. 16 of 2021, Nirdesh

Khandelwal Vs. Vidhor Tirkha, from the Disciplinary

Committee, of which the appellant was a Member, by the

Chairman of the State Bar Council.

7. The learned Single Judge dismissed the writ

petition holding that the petitioner had no vested right, as a

Member of the Disciplinary Authority, to raise a grievance

with regard to withdrawal of cases from the said Committee.

8. Mr. Piyush Garg, the learned counsel for the

respondents, who appears on advance notice, states that

the Chairman, Bar Council of Uttarakhand, has reallocated

the cases withdrawn from the Disciplinary Committees vide

order dated 16.07.2022, a copy whereof has been tendered

to the learned counsel for the appellant, as also, to the

Court.

9. In the light of the aforesaid development, nothing

further survives in the present Appeal. We, however, make

it clear that the impugned judgment shall not be considered

as a binding precedent, and the question, decided by the

learned Single Judge, is left open.

10. The present Special Appeal stands disposed of

accordingly.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 25th July, 2022 Rathour