D D CHOUDHARI Vs. H I KALYANI

JUDGEMENT

(1.) This appeal has been filed against the order dated 22/1/1982, passed by the Disciplinary Committee of the Bar council of India whereby the appellant has been reprimanded for committing a misconduct in proceedings under Section 35 of the Advocates Act, 1961. The appellant is a practising advocate at Jalgaon. He is enrolled with the Maharashtra Bar council. On 17/12/1974, the appellant was elected as a councillor of the Jalgaon Municipal council. As a councillor he was elected as a member of the Senate of the Poona University for a period of six years from 30/10/1975 to 29/10/1981. On 2/2/1977, the appellant was appointed as District government Pleader and Public Prosecutor. In his letter dated 7/2/1977 to the President of the Municipal council, Jalgaon the appellant stated that the office of government Pleader and Public Prosecutor is not an office of profit and that he could continue as councillor but if this contention was not acceptable then the letter may be treated as his letter of resignation from the Municipal council. The said letter was treated as a letter of resignation and was accepted and the appellant ceased to be a councillor of the Jalgaon Municipal council. The seat from which the appellant was elected was declared vacant and a bye-election was notified in the month of May 1978. The appellant, however, continued to attend the meetings of the Senate even after he had ceased to be a councillor and also received TA/da from the Poona University for attending the said meetings up to 5/2/1979. Shri H. I. Kalyani, an advocate practising at Jalgaon (hereinafter referred to as "the complainant") write a letter dated 7/2/1979 to the Vice-Chancellor of the Poona University bringing to his notice that the appellant had ceased to be a member of the Jalgaon Municipal council and that appropriate action be taken against him for having cheated the University by receiving TA/da for attending the meetings of the Senate. A copy of the said letter was also endorsed to the Bar council of Maharashtra. The letter dated 7/2/1979 of the complainant was forwarded to the appellant by the Registrar of the Poona University for his comments and the appellant in his reply dated 22/2/1979 stated that the amended provision of the Poona University Act, 1974 of 1974 had escaped his notice. The appellant returned the amount that was received by him by way of TA/da from the University. The letter of the complainant dated 7/2/1979 was treated as a complaint and proceedings under Section 35of the Advocates Act were initiated against the appellant by the Maharashtra Bar council.

(2.) The appellant in his reply denied that he had committed any misconduct. He submitted that he bona fide believed that he continued to be a member of the Senate of the Poona University till the expiry of his term and since he was receiving the agenda and communications from the University to attend the meetings of the Senate he attended the meetings. He also stated that he has returned the amount that he had received by way of TA/da from the University.

(3.) By order dated 4/4/1980 the Disciplinary Committee of the Maharashtra Bar council dismissed the complaint on the view that no act of professional misconduct or other misconduct had been made out against the appellant. Feeling aggrieved by the said order passed by the Disciplinary Committee of the Maharashtra Bar council the complainant filed an appeal before the Bar council of India which was considered by the Disciplinary Committee of the Bar council of India of which Shri K. G. Vakharia was the Chairman. In the election for the Bar council of Gujarat held in December, 1981 Shri Vakharia was not elected as the member of the Gujarat Bar council. The appeal filed by the appellant was allowed by the Disciplinary Committee of the Bar council of India by order dated 22/1/1982 which bears the signatures of Shri Vakharia as Chairman.