JAIPUR VIKAS PRADHIKARAN Vs. ASHOK KUMAR CHOUDHARY

JUDGEMENT

(1.) The present appeal, under section 38 of the Advocates Act, 1961, (hereinafter referred to as "the Act") is filed against the final judgment dated 24.03.2002 of the Disciplinary Committee of the Bar Council of India [hereinafter referred to as Disciplinary Committee] in BCI Transfer Case No. 74 of 1995, whereby the Committee dismissed the complaint of the appellant herein holding that no case of any misconduct is made out.

(2.) The facts leading to the filing of the present case are that the present complaint was filed under section 35 of the Act by Jaipur Development Authority against the present respondents before the State Bar Council of Rajasthan in the year 1994 which was entrusted to the Disciplinary Committee of the State Bar Council of Rajasthan. Since the proceedings could not be completed in the stipulated period of one year, the complaint was transferred to the Bar Council of India in the year 1995, registered as Transfer Case No. 74 of 1995.

(3.) The allegations made in the complaint was that appellant engaged the Respondent No.1 herein on retainer basis in order to defend its cases pending in the different Courts at Jaipur, Rajasthan. In the year 1990, Respondent No.1 was appointed to defend Jaipur Development Authority in some Reference cases under section 18 of the Rajasthan Land Acquisition Act. Also, on 05.10.1990, Respondent No.1 was engaged to defend Jaipur Development Authority in the Land Acquisition Reference No. 14 of 1982, Abdul Samad & Ors Vs. Jaipur Development Authority in Civil Court at Jaipur City. Even his retainership fee was enhanced by additional amount of Rs. 600/- per month.