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2011 DIGILAW 10 (CAL)

Lieutenant Governor v. S. Gangaya

2011-01-04

A.K.DASADHAKRI, P.K.CHATTOPADHYAY

body2011
JUDGMENT : 1. This appeal has been preferred against the judgment and order dated 4th August, 2010 passed by the learned Judge of this Court whereby and where-under the said learned Judge finally disposed of the writ petition on merits. The appellants herein refused to renew the bar licence of the respondent/writ petitioner on the ground of pendency of criminal case although the charge levelled against the said petitioner admittedly, has not yet been established. 2. The learned Single Judge has been pleased to hold that the concerned authorities namely, the appellants herein, have acted arbitrarily in rejecting the prayer of the respondent/writ petitioner for renewal of the bar licence on the ground of pendency of criminal case The said respondent/writ petitioner, in our opinion, cannot suffer prejudice on account of mere pendency of criminal case. 3. Until and unless the charge levelled against the respondent/writ petitioner is established before the competent Court of Law, said respondent/writ petitioner cannot be presumed to be guilty and therefore, the appellants herein cannot refuse to renew the bar licence of the said respondent/writ petitioner. 4. The learned Single Judge has rightly decided the issues raised in the writ petition and we do not find any infirmity and/or illegality in the impugned decision of the learned Single Judge. 5. In view of the aforementioned reasons, we do not find any merit in the instant appeal and the same is accordingly dismissed. 6. In the facts and circumstances of the case, there will be, however, no order as to costs.