T. KUMARAN Vs. DISCIPLINARY COMMITTEE XIV

JUDGEMENT

(1.) The lis on hand has been instituted challenging the final order passed in the disciplinary proceedings in D.C.No.298 of 2018 dtd. 30/4/2019.

(2.) The writ petitioner is the complainant submitted a complaint stating that the respondent/advocate, while functioning as Law Officer of the State accepted a brief against the State. In respect of the land comprised in various Survey Numbers, measuring to an extent of 2 acres and 51 cents, Patta and 'No Objection Certificate' from Chennai Metropolitan Development Authority (CMDA) had been sought for. The 2nd respondent, allegedly, received a sum of Rs.20,00,000.00 from the writ petitioner/complainant in the year 2013. The said sum of Rs.20,00,000.00 (Rupees twenty lakhs only) was received by Mr.D.Muthukrishnan and handed over to Mr.P.Muthukumar/2nd respondent. A Deed of Undertaking was executed by the said Mr.D.Muthukrishnan in favour of Mr.T.Kumaran with the promise that 'No Objection Certificate' will be obtained from Chennai Metroplitan Development Authority(CMDA) within a period of three months and also indemnifying a sum of Rs.20,00,000.00 (Rupees twenty lakhs only) received to complete the job. The complainant/petitioner has further paid a sum of Rs.4,00,000.00 (Rupees four lakhs only) in cash on 20/12/2014.

(3.) With reference to the allegation of demand and acceptance of bribe by the 2nd respondent/advocate, the petitioner/complainant has not succeeded in getting the works done, as per the agreement. Thus, the petitioner made a complaint before the Bar Council to initiate necessary disciplinary action against the respondent. The Bar Council found that there is a prima facie case and referred the matter to the Disciplinary Committee for conducting an enquiry. The Disciplinary Committee duly constituted and conducted an enquiry by affording opportunity to all the parties. The enquiry was conducted in 22 hearings, evidences were recorded and documents were considered. The order impugned reveals that the Disciplinary Committee considered the evidences and documents placed. In Paragraph Nos.15, 16 and 17 of the order impugned dtd. 30/4/2019 reads as under: