Goverdhan Pujari Vs.
Jugal Kishore Sahu  INSC 37 (12 January 2009)
JURISDICTION CIVIL APPEAL NO.4206 OF 2008 Goverdhan Pujari ...Appellant(s)
Versus Jugal Kishore Sahu ...Respondent(s) With Civil Appeal Nos.4207 of 2008
and 4387 of 2008 O R D E R Heard learned counsel for the appellant, learned
counsel for the respondents and the respondent, who has appeared in-person in
Civil Appeal No. 4207 of 2008.
No.(II) of the Orissa State Bar Council consisting of three persons, one of
whom was one Shri R.K. Mohanty, advocate, dismissed the complaints filed by the
appellant. The said order has been confirmed in appeal by the Bar Council of
India. Hence, these appeals.
The appellant has
challenged the impugned orders mainly on the ground that Shri R.K. Mohanty,
Advocate ceased to be a Member of the Disciplinary Committee (II) of the State
Bar Council on 23.12.1999 and, therefore, he could not have, as a Member of the
Committee, decided the complaints. It has not been disputed before us that the
day on which the complaints filed by the appellant were dismissed, Shri R.K.
Mohanty was not a Member of Disciplinary Committee (II) of the State Bar
Council. Therefore, on this ground alone, the impugned orders are liable to be
Accordingly, the appeals are allowed, impugned orders are set aside with the
direction to the State Bar Council to decide the complaints afresh. The
Chairman of the Orissa State Bar Council shall see that the complaints filed by
the appellant are placed before properly constituted Disciplinary Committee and
disposed of in accordance with law.