Uttarakhand High Court
Satya Dev Tyagi vs State Of Uttarakhand And Others on 18 September, 2024
2024:UHC:6732-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE ALOK KUMAR VERMA
18TH SEPTEMBER, 2024
WRIT PETITION (PIL) No. 76 OF 2023
Satya Dev Tyagi.
...Petitioner
Versus
State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : Dr. Kartikey Hari Gupta and Ms.
Pallavi Bahuguna, learned counsel.
Counsel for respondent no. 1. : Ms. Mamta Bisht, learned Deputy
Advocate General for the State of
Uttarakhand.
Counsel for respondent no. 2. : Mr. Piyush Garg, learned counsel.
Counsel for respondent no. 3. : Mr. Sandeep Tiwari, learned counsel.
Counsel for respondent no. 4. : Mr. Manoj Kumar, learned Standing
Counsel for the Union of India.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
Petitioner is a retired government teacher, and
is a social-welfare activist. He is aggrieved by Resolution
No. 20 passed on 15.05.2022 and Resolution No. 21
proposed on 27.11.2021 in the Bar Council of
Uttarakhand (Annexure No. 1), whereby they have
increased the fixed fee, for initiating disciplinary cases
against the Advocates, from Rs. 1750 to Rs. 5500.
Petitioner has placed on record the Bar Council of India
Rules, Part VIII as Annexure No. 5.
2024:UHC:6732-DB
2. As per the above-said Rules - Annexure No. 5,
no fee is more than Rs. 200 and Rs. 250 till date.
Counsel for the petitioner submits that the Resolutions -
Annexure No. 1 are ultra vires provisions of Section
6(1)(c) of the Advocates Act, 1961.
3. On notice of this petition, a counter affidavit
has been filed by respondent no. 2 - Bar Council of
Uttarakhand. They have placed on record the letter sent
by the Bar Council of India to all the State Bar Councils
informing about the modification of the Rules - Annexure
No. S.C.A.-1, whereby the fee for the purpose of
disciplinary action was increased from Rs. 450 to Rs.
1750 w.e.f. 04.02.2013. They have further placed on
record the Resolution dated 27.11.2021 and 14.05.2022
- Annexure No. S.C.A.-2, whereby the State Bar Council
decided to enhance the fee from Rs. 1750 to Rs. 5500,
and this letter has also been sent to the Bar Council of
India for its approval. This counter affidavit is dated
07.06.2023.
4. Subsequently, an affidavit dated 25.07.2023
was also filed by respondent no. 2, and in this affidavit, it
is stated that on 10.07.2023, a statement was made by
the counsel appearing for the State that, since the
2024:UHC:6732-DB
proposal for enhancement of fee to Rs. 5500, for
entertainment of complaint, is pending with the Bar
Council of India, the enhanced amount will not be
charged from the complainants. It is further stated that
in total there were 20 complaints, which were pending,
where Rs. 5500 have been charged from the
complainants. The details of the said 20 complaints have
been given. Further, it is stated that in future the Bar
Council of Uttarakhand will not charge any complainant
beyond Rs. 1750, unless the proposal made by the Bar
Council of Uttarakhand, for enhancement of fee to Rs.
5500, is approved by the Bar Council of India.
5. One counter affidavit has been filed by the
State of Uttarakhand dated 15.09.2023 stating that the
State Government has no role to play in addressing the
grievance of the petitioner, and no relief can be granted
qua the answering respondent.
6. In paragraph no. 4 of the rejoinder affidavit
filed by the petitioner, it is stated that the Bar Council of
Uttarakhand has charged Rs. 5500 from 20 complainants,
and they have also placed on record a Bankers Cheque of
Rs. 5500 dated 26.05.2023 - Annexure No. 1.
2024:UHC:6732-DB
7. In the present case, respondent no. 2 has
already filed their counter affidavit stating that in future
they will not charge the enhanced fee of Rs. 5500, unless
the Resolutions passed by them is approved by the Bar
Council of India.
8. At this stage, this Writ Petition (PIL) is being
disposed of by observing that, pending the decision of the
Bar Council of India on the Resolutions - Annexure No. 1,
the complaints against the Advocates will be entertained
only on the payment of fee of Rs. 1750. A further
direction is being given that, with regard to the 20
complainants, who have paid Rs. 5500 towards fee, steps
will be taken by the Bar Council of Uttarakhand to return
the remaining amount to all the 20 complainants after
deducting Rs. 1750 from Rs. 5500.
9. Pending application(s), if any, also stand
disposed of accordingly.
______________
RITU BAHRI, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 18th September, 2024
Rahul
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983e
d8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND,
serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1AA
D7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI
Date: 2024.09.19 12:42:11 +05'30'
