Research › Search › Judgment

Madras High Court · body

2024 DIGILAW 1256 (MAD)

B. Chandran v. Secretary/Disciplinary Committee-I, The Bar Council of Tamil Nadu and Puducherry

2024-06-11

C.KUMARAPPAN, S.M.SUBRAMANIAM

body2024
ORDER : S.M.SUBRAMANIAM, J. Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorari, to call for the records of 1st respondent, quash its proceeding in complaint No.142 of 2020 and pass such further or other orders as this Hon'ble Court may deem fit and proper. The writ petition has been instituted to quash the proceedings in Complaint No.142 of 2020. The 3rd respondent filed a complaint before the Bar Council of Tamil Nadu for initiation of disciplinary action against the petitioner, who is a practising lawyer. The complaint has been numbered as Complaint No.142 of 2020. The petitioner raised several grounds on merits. The High Court in exercise of the powers of judicial review cannot adjudicate such disputed facts, which all are to be adjudicated by the Bar Council of Tamil Nadu based on the documents and evidences and by following due process. Quashing of the complaint cannot be made in a routine manner, unless the actions are initiated by an incompetent authority having no jurisdiction. In the present case, the complaint has been entertained and numbered as Complaint No.142 of 2020. It is brought to the notice of this Court that the Bar Council of Tamil Nadu transferred the complaint to the Bar Council of India. Thus, the petitioner is at liberty to defend his case before the Bar Council of India. 2. With the above observations, this writ petition stands dismissed. No costs. Consequently, connected WMP is also closed.