N KRISHNASWAMI NAYUDU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THERE were two charges against the respondent, who is an advocate of this Court; they ran as follows:

(2.) WE cannot agree with the Tribunal's view of the matter. It may be that the complainant has chosen to withdraw the complaint made by him for reasons of his own. A mere statement by him that he could not substantiate the charges against the respondent cannot be accepted, especially having regard to the considered judgment of pancha-pagesa Sastry J. in 'C. S. No. 2S7 of 1947' in which the learned Judge had an opportunity of examining the entire evidence on the matter and it is common ground that the present proceedings are intimately connected with the proceedings in that suit. On the finding of the learned Judge in that case, we find it impossible to agree with the Tribunal that the two charges against the respondent cannot be substantiated. WE wish to say no more at this stage which may prejudice the respondent in any manner. All that we propose to say now is that this is not a matter in which the proceedings should be dropped against the respondent merely because the complainant has chosen to withdraw the complaint. WE cannot accept the report of the Tribunal and we direct the complaint to be kept on the file and an enquiry to be made by the Tribunal. If the complainant is not willing to conduct the proceedings the Tribunal can appoint an advocate Co conduct the proceedings against the respondent.