B.G. RAJASHEKAR, ADVOCATE Vs. THE KARNATAKA STATE BAR COUNCIL, THE DISCIPLINARY COMMITTEE NO. III OF KARNATAKA STATE BAR COUNCIL BY ITS CHAIRMAN AND SHRIRAM CHITS BANGALORE PVT. LTD. THROUGH CHIEF EXECUTIVE SHRI E.V. BALASUBRAMANIAN AND GPA HOLD

JUDGEMENT

(1.) WRIT petition by a member of the Bar, who is facing disciplinary proceedings before the Karnataka State Bar Council - first respondent - pursuant to a complaint lodged by the third respondent, who was a client of the petitioner. The complaint was during the year 2001, at which time the petitioner, as averred in the petition, had withdrawn his professional services to the third respondent; that it was so withdrawn from 1999 onwards.

(2.) THE complaint addressed to the Bar Council inter alia, alleged professional misconduct on the part of the petitioner. On receipt of the complaint, it appears, the Secretary of the first respondent -Bar Council had noted that it is to be placed before the scrutiny committee in terms of the note dated 28 -11 -2001. The scrutiny committee had given a report on 13 -12 -2001. The committee was of the opinion that the complainant had made out a prima facie case against the respondent -petitioner and accordingly notice may be issued, calling for explanation within 15 days. This was followed by issuing a notice to the petitioner. It transpires that the petitioner did not respond to the notice, in the sense the petitioner did not deny or dispute the contents of the complaint but instead sought for further particulars and copies of supporting material said to have been filed along with the complaint etc and whereafter there intervened a state of lull and the matter did not make much progress.

(3.) THE records produced by the learned Counsel for the first respondent -Bar Council indicate that the matter was before the meeting of the Bar Council on 21 -8 -2005 and in terms of the resolution No. 134/2005 it was resolved to place the matter before the disciplinary committee. It transpires that the disciplinary committee initiated further action by calling upon the petitioner to appear and file objections before it, to have the version of the petitioner in the matter. The petitioner has also filed his objections and the matter is in progress before the disciplinary committee.