JAIMINI H VYAS Vs. REGISTRAR DISCIPLINARY COMMITTEE

JUDGEMENT

(1.) THIS petition, under Article 226 of the Constitution of India, has been filed with the following prayers:

(2.) THE petitioner is appearing as Party-in-Person. THE brief facts of the case are that the petitioner had filed D.C. Case No.19 of 2007, against Mr.Daxesh T.Dave, Advocate, Enrollment No.G/65/1984, before the Disciplinary Committee of the Bar Council of Gujarat. THE said case was dismissed by order dated 25.08.2008. Aggrieved by the said order, the petitioner preferred an appeal before the Disciplinary Committee, Bar Council of India (respondent herein) which has been numbered as Disciplinary Committee Appeal No.70 of 2008. THE petitioner was informed by the respondent that the hearing of the appeal shall take place on 09.01.2010, at 11:00 am. Accordingly, the petitioner remained present before the Committee on that date and the hearing of the appeal was concluded on 09.01.2010. THE grievance of the petitioner is that till date, she has not received a copy of the order/ decision in the said appeal. THE petitioner gave several written reminders to the respondent requesting that a copy of the order be sent to her, but to no avail. In this factual background, the petitioner has approached this Court, by filing the present petition.

(3.) THIS Court has heard the petitioner, Party-in-Person and Mr.Prakash K.Jani, learned Senior Advocate for the respondent. It appears that till the issuance of Rule by this Court on 06.07.2011, the order on the appeal, which is stated to have been dictated, had still not been signed by the third Member of the Disciplinary Committee of the Bar Council of India. The same was the situation on 19.07.2011, which is the date of communication referred to hereinabove. Though it is stated in the said communication that the same could not be done "due to some tragedy" in the family of the third Member who is yet to sign the order, the fact remains that the communication does not state, with any degree of certainty, when the order will be signed by the third Member. Nor does it contain any specific reason for not communicating the order, except that it is not signed yet by the third Member. No specific details regarding what prevented the said Member from signing the order for about one and half years, have been given.