LAWS(ALL)-1959-11-6

ALI MOHD KASHMIRI Vs. AN ADVOCATE

Decided On November 11, 1959
Ali Mohd Kashmiri Appellant
V/S
AN ADVOCATE Respondents

JUDGEMENT

(1.) THIS is a difficult case. The Bar Council Tribunal has found the charge of professional misconduct which it framed against the Advocate of inordinate delay in the presentation of a petition, not to be proved, but the correctness of that finding has been challenged before us. In considering this matter I think that in the first place it is convenient to state shortly the facts which are not in dispute.

(2.) THE complainant had been a lower division clerk in the Central Excise Department, but his services were terminated by a notice which expired on 30 -6 -1956. He was then residing in Rampur, and on the 4th July he came to Allahabad to instruct an Advocate of this Court to file a petition under Art. 226 of the Constitution for the purpose of having notice terminating his services quashed. The Advocates services were engaged and he prepared the requisite petition and affidavit. The affidavit was sworn by the complainant at 6.30 p.m. on Friday, the 13th July, and the complainant returned to Rampur that night. The High Court, which was then closed for the vacation, reopened on the following day, the Courts sittings recommencing on Monday, the 16th July.

(3.) ON the 22nd November the Advocate signed the petition.