S.L. Jaiswal Vs.
Disciplinary Committee, Bar Council, India [2009] INSC 127 (22 January 2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.4013 OF 2001 S.L. Jaiswal ...Appellant(s) Versus
Disciplinary Committee, Bar Council of India ...Respondent(s) O R D E R Heard
learned counsel for the parties.
By the impugned
order, the Disciplinary Committee of Bar Council of India (hereinafter referred
to as "the Disciplinary Committee") imposed punishment of censure on
the appellant and also directed him to pay a sum of Rupees twenty thousand as
cost to be paid to the Bar Council of Maharashtra and Goa within a period of
six months with a stipulation if he fails to do so then his license shall
remain suspended for a period of two years.
A perusal of the
impugned order shows that the complainant did not adduce any evidence in
support of the allegation leveled against the appellant.
Notwithstanding this,
the Disciplinary Committee punished him by observing that something fishy was
going on between the parties. In our view, the Disciplinary Committee was not
justified in ....2/- -2- finding the appellant guilty on the basis of
suspicion and pure surmises and conjectures.
Accordingly, the
appeal is allowed and impugned order is set aside.
No costs.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
January
22, 2009.
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