Aarti v. Bar Council of India, Represented by its Secretary, Rouse Avenue Institutional Area, Near Bal Bhavan, New Delhi
2024-06-25
C.KUMARAPPAN, S.M.SUBRAMANIAM
body2024
DigiLaw.ai
ORDER : S.M.SUBRAMANIAM, J. Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call further records relating to the first respondent's order dated 23.04.2019 Removal Proceedings No.7 of 2018 in T.N.E.C.R. No.19 of 2017 and quash the same and may be permanently remove the third respondent from the Bar council enrolment No.1307 of 2014 as against the Section 5 of Rule of Legal Education Rule 2008 w.e.f. 14.09.2008. The writ on hand has been instituted challenging the validity of the removal proceedings dated 23.04.2019 passed by the Bar Council of India. 2. The Bar Council of India passed final orders setting aside the decision taken by the Bar Council of Tamil Nadu and Puducherry. Since the subject proceedings were dealt with by the Disciplinary Committee, the aggrieved person has to approach the Hon'ble Supreme Court of India under Section 38 of the Advocates' Act, 1961. An appeal expressly contemplated under Section 38 to the Hon'ble Supreme Court of India. Section 38 is an unique provision in the Advocates' Act, 1961, and no such provision has been contemplated in any other enactments. That being the legal position, the petitioner is at liberty to file an appeal under Section 38 of the Advocates' Act, 1961 in the manner known to law. 3. With this liberty, this Writ Petition stand disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.