BHUPINDER KUMAR SHARMA Vs. BAR ASSOCIATION PATHANKOT

JUDGEMENT

(1.) The ap-pellant has filed this appeal, under Section 38 of the Advocates Act, 1961 (hereinafter referred to as 'the Act') against the judgment and order dated 4-11-1998 passed by the Disciplinary Committee of the Bar Council of India, confirming the order passed by the Diciplinary Committee of Bar Council of Punjab and Haryana removing the name of the appellant from the State's Roll of Advocates under Section 35(3)(d) of the Act.

(2.) The appellant was enrolled with the State Bar Council as an Advocate on 16-9-1994 vide enrolment No. P/771/94. On 9-9-1995, the respondent-association made a written complaint to the State Bar Council making allegations of misconduct against the appellant. The State Bar Council took cognizance of the complaint and referred the complaint to its Disciplinary Committee. After the completion of the proceedings in D.C.E. No. 1/1996, order was passed by the Disciplinary Committee of State Bar Council to remove the name of the appellant from the State Roll of the Advocate and the same was confirmed by the Disciplinary Committee of the Bar Council of India, in appeal. Hence, this appeal.

(3.) The learned Senior Counsel for the appellant strongly contended that the allegations made in the complaint were not established or proved, judged by the standard of proof required in a case like this, the appellant was not actually carrying on business and the evidence on this point was not properly appreciated; at any rate, the punishment imposed on the appellant is grossly disproportionate even assuming that the misconduct was proved.