JAGDISH SAGAR Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India; (i) impugns R.7 of Chapter III in Part VI of the Bar Council of India Rules, prohibiting an officer, after his retirement or otherwise ceasing to be in service for any reason, if enrolled as an Advocate, from practicing in any of the judicial, administrative courts / tribunals / authorities which are presided over by an officer equivalent or lower to the post which such officer last held; (ii) in the alternative impugns the explanation to the said R.explaining that an officer shall include judicial officer, officer from State or Central Services and Presiding Officers or Members of the Tribunals or Authorities or such Officers as referred under Section 30(ii) of the Advocates Act, 1961; (iii) seeks a declaration that the petitioner is entitled to practice as an Advocate before Judicial Officer of any rank; (iv) yet further in the alternative seeks an order reading down the aforesaid Rule, as permitting the petitioner to practice as an Advocate before Judicial Officer of any rank.

(2.) THE petitioner, post his retirement from the post of Principal Secretary (Power) in the Government of National Capital Territory of Delhi with basic pay of Rs. 26,000/ -, on 2nd June, 2006 enrolled as an Advocate with the Bar Council of Delhi. The aforesaid R.and / or explanation thereto bars the petitioner from practicing before the subordinate judiciary including the Delhi Higher Judicial Services. It is stated that the maximum of the scale of the District Judge in Delhi at the time of retirement of the petitioner was a basic pay of Rs. 24,850/ - which was less than the basic pay of the petitioner at the time of retirement.

(3.) IT is however the contention of the petitioner that during his tenure as an IAS Officer of the Central Government, he was subjected to the jurisdiction of almost all the High Courts and also exercised his duty as a Member of the quasi judicial body / tribunal; thus as per the aforesaid R.he will be barred from appearing before almost all the judicial courts / tribunals / authorities throughout the country. It is further his contention that the R.aforesaid would bar any Officer who served in any Ministry of Central Government or headed any of the All India Organizations, from practicing law in any Court in India since a Ministry of the Government of India is subject to jurisdiction of all the High Courts.