The Supreme Court overturned a Bar Council of India (BCI) order that had found an advocate guilty of misconduct for alleged negligence in handling a quashing petition. The judgment restores the advocate’s professional reputation and highlights the Court’s insistence on evidence-based disciplinary proceedings rather than reliance on mere complaints.
The controversy began when Navrang Singh, the complainant, engaged the advocate to file a quashing petition in the Punjab and Haryana High Court after an FIR in Ludhiana. The High Court initially allowed the quashing but later recalled the order for non-payment of costs. Subsequent petitions corrected the issue, and the FIR was ultimately quashed.
Despite a sworn affidavit from the complainant expressing satisfaction and seeking withdrawal of the disciplinary complaint, the BCI Disciplinary Committee proceeded to find the advocate guilty, imposing a Rs.1 lakh penalty and threatening suspension for non-compliance. Counsel for the appellant argued that the complaint had been resolved amicably and the charges were unsubstantiated.
The Supreme Court emphasized that the disciplinary order “completely glossed over the aforesaid material and vital aspect while holding the appellant-advocate guilty of professional misconduct” and noted that the complaint had ceased to exist once the dispute was resolved. The Court further observed that no evidence was led, the complainant was not examined, and the advocate was denied the right to cross-examine, rendering the finding unsustainable.
Consequently, the Court set aside the BCI judgment dated 4th April, 2025, and allowed the appeal.
Case Title: Monty Goyal Vs. Navrang Singh & Anr.
Case No.: Civil Appeal No(S). 77 of 2026
Coram: Hon’ble. Justice Sandeep Mehta, Hon’ble. Justice Vikram Nath
Advocate for the Petitioner: AOR Disha Singh, Mr. Siddhant Saroha
Advocate for the Respondent: Adv. J.S. Thakur, Ruchi Gupta (AOR)
Read Judgment @Latestlaws.com
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