LAW FOR ALL

whether after transfer of a disciplinary proceeding, as per the mandate enshrined under Section 36B(1) of the Advocates Act, 1961 (for brevity, “the Act”) to the Bar Council of India (BCI) from the State Bar Council, can the BCI, instead of enquiring into the complaint and adjudicating thereon, send it back to the State Bar Council with the direction to decide the controversy within a stipulated time. = Once a complaint is made by a litigant, it has to follow a definite procedure and is required to be dealt with as per the command of the Act to conclude the disciplinary proceeding within a period of one year from the date of receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council. On many an occasion, it has come to the notice of this Court that disciplinary authority of the State Bar Council is not disposing of the complaint within the stipulated period, as a consequence of which the proceeding stands transferred to the BCI. The responsibility to deal with the disciplinary proceedings is cast on the State Bar Council which constitutes its disciplinary committee. Every member of the Disciplinary Committee is aware that the proceeding has to be concluded within one year. The complainant and the delinquent advocate are required to cooperate. Not to do something what one is required to do, tantamount to irresponsibility and the prestige of an institution or a statutory body inheres in carrying out the responsibility. One may not be always right in the decision but that does not mean to be shirking away from taking a decision and allow the matter to be transferred by operation of law to the BCI. A statutory authority is obliged to constantly remind itself that the mandate of the statute is expediency and the stipulation of time is mandatory. It will not be erroneous to say that the Disciplinary Committee is expected to perform its duty within a time frame and not to create a blameworthy situation. It is better to remember offering an explanation to one’s own conscience is like blaming everything on “accident”. When duties are given by law, duties are required to be performed. In view of the aforesaid, we allow the appeal, set aside the order passed by the Disciplinary Committee of the BCI and remand the matter to the Disciplinary Committee of the BCI to decide the same in accordance with law within a period of three months from the date of receipt of copy of this judgment. Registry is directed to send a copy of this judgment to all the Secretaries of each of the State Bar Council, who in turn can apprise the members of the State Bar Council so that appropriate steps are taken. There shall be no order as to costs.