INDER SINGH Vs. STATE

JUDGEMENT

(1.) In this petition which is described as 'civil review application' the inherent powers of this Court have been invoked under the Legal Practitioners Act for restoration of the License of Inder Singh who was disbarred from practising the profession of law by a Division Bench consisting of Tek Chand and Dua, JJ. on 8th April, 1963, in pursuance of its earlier order of 12th March, 1963 ( 1963 65 PunLR 619). Incidentally it may be mentioned that leave to appeal to the Supreme Court from this judgement was declined.

(2.) Inder Singh, while practising as a Pleader in Mansa in a regular inquiry held by the District and Sessions Judge, Bhatinda, on 25th of May, 1962 was found to have accepted a sum of Rs. 900 from his client in a criminal case for payment as bribe to the doctor, who in fact was not paid this amount, nor was there any occasion for him to show a favour for which this bribe might have been paid. The report was accepted by the Bench of Tek Chand and Dua, JJ., dealing with the complaint of professional misconduct against this Pleader. On 12th March, 1963, when the order was pronounced, the Bench thought that the Bar Council was the appropriate authority to punish an advocate, it having transpired after the arguments had been addressed and before the judgement had been pronounced that Inder Singh in the mean time had been enrolled as an advocate. The Bench accordingly refrained from passing an order itself and referred the matter to the Bar Council for such action as it deemed appropriate.

(3.) Subsequently, a review petition was made on behalf of the Bar Council, Punjab under the provisions of Order 47, Rule 1, read with Section 151, Civil Procedure Code, on the ground that Chapter V of the Advocate Act, 961, empowering the Bar Council to take disciplinary action not having been enforced yet. the High Court itself could take the appropriate action. The Bench having already expressed its view about the misconduct "and the aggravated nature of his offence while practising as a pleader" directed that the petitioner's name should be struck off from the roll of Pleaders. This order of 8th of April, 1963, is now the subject-matter of review in the present petition which was made on 28th of April, 1967.