SOMABRATA MANDAL Vs. BAR COUNCIL OF WEST BENGAL

JUDGEMENT

(1.) The petitioner lodged a complaint against the private respondents before the State Bar Council of West Bengal. Such complaint was received by the State Bar Council on November 3, 2023. It is argued by the petitioner that the cut-off date for disposal of the said complaint as per Sec. 36B of the Advocates Act, 1961 was one year from the date of the receipt of the complaint. It is stipulated in Sec. 36B(1) of the said Act that failing such disposal, the proceedings shall stand automatically transferred to the Bar Council of India, which may dispose of the same as if it was a proceeding withdrawn for enquiry under Sec. 36(2) of the Act. In the present case, it is argued that the statutory period of one year has elapsed as on date and the matter be directed to be transferred to the Bar Council of India. The orders passed subsequent to the cut-off date of one year (which expired on November 2, 2023) by the State Bar Council are, accordingly, bad in law.

(2.) The matter has been referred to the Disciplinary Committee by the State Bar Council only recently for adjudging the maintainability of the same. It is argued that it is beyond the jurisdiction of the Disciplinary Committee to decide the issue of maintainability as well.

(3.) Learned senior counsel for the petitioner places reliance on Sec. 35(1) of the said Act. It is contended that the same envisages a reference to the Disciplinary Committee. Sub-sec. (1) of Sec. 35, provides that where on receipt of a complaint or otherwise a State Bar Council has "reason to believe" that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its Disciplinary Committee.