K.N.ANILKUMAR Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) This writ appeal is preferred by the petitioner in W.P.(C) No.34256/2018 against the judgment dated 7.2.2020, whereby learned Single Judge dismissed the writ petition holding that, the Bar Council of India has got sufficient power as per the provisions of the Advocates Act , 1961, hereinafter called, 'Act, 1961' and the Kerala Advocates Welfare Fund Act, 1980, hereinafter called, 'Act, 1980' and the Kerala Advocates' Welfare Fund Rules, 1981, hereinafter called, 'Rules, 1981', to conduct enquiry into any irregularities committed by the members of the Trustee Committee. Brief material facts for the disposal of the writ appeal are as follows;

(2.) Appellant is a member of the Bar Council of Kerala from 2005 onwards. He was also a member of the Kerala Advocates Welfare Fund Trustee Committee as nominated by the Bar Council of Kerala. During the year 2017, certain irregularities were detected in respect of the Kerala Advocates Welfare Fund constituted as per the provisions of Act, 1980. A complaint was filed before the Vigilance and Anti Corruption Bureau and a case was thus registered against one of the employees and is under investigation. While so, the Bar Council of India, the 1 st respondent herein, constituted a four member committee to conduct an enquiry into the misappropriation of Welfare Fund. The first respondent in its resolution dated 6.10.2018, forwarded to the Bar Council of Kerala, as per Ext.P3 letter dated 12.10.2018, a reference is made naming the appellant as one among those responsible for the misappropriation of funds. The seminal question raised by the appellant in this appeal is, whether the learned Single Judge was right in holding that the Bar Council of India is empowered to conduct enquiry into any irregularity of the Welfare Fund Trust Committee constituted as per Act, 1980 by the Bar Council of Kerala.

(3.) A detailed counter affidavit was filed by the Bar Council of India as well as Bar Council of Kerala in the writ petition. Bar Council of India has refuted the contentions put forth by the appellant with regard to his innocence in the matter. It was also contended that the Bar Council of India has got sufficient power as per the provisions of Act, 1961, Act, 1980 and the Rules, 1981 specified above to proceed against the members of the Welfare Fund Trustee Committee in view of the complaints received and the decision taken.