LAW FOR ALL

whether the enquiry conducted by the Disciplinary Committee in the present case can be said to be a fair and proper enquiry? Since the allegations made against the appellants were serious and the finding of guilt recorded against them inevitably had civil consequences, it is cardinal that they should have been allowed to cross- examine the concerned witnesses. Not granting of such opportunity, entails in infraction of principles of natural justice. Additionally, we are at a loss to appreciate as to how the Disciplinary Committee consisting of members who were not familiar with the vernacular script, could analyse and appreciate the documentary evidence relied by the parties when the said evidence was in a language not known to them. Without proper analysis of those documents, the members of the Disciplinary Committee could not have arrived at any conclusion, leave alone a conclusive opinion about its efficacy. These infirmities in the enquiry conducted by the Disciplinary Committee, in our opinion, are fatal. It would necessarily follow that the entire enquiry is vitiated. Ordinarily, on this finding, we would have relegated the parties before the Bar Council of India for conducting a fresh enquiry. However, considering the fact that the complaint was made in 1997, that too by none other than the brother of the appellants because of some family disputes and that the appellants have suffered ignominy for all this time due to pendency of enquiry against them and including the finding of guilt recorded by the Disciplinary Committee of the Bar Council of India, we are of the considered opinion that the matter must be put at rest. Accordingly, to do substantial justice, in the fact situation of the present case, we desist from relegating the parties before the Bar Council of India for a fresh enquiry.This appeal succeeds. The impugned order passed by the Bar Council of India dated 05.02.2010 in BCI Tr. Case No. 150 of 2000 is set aside. We make it clear that if the appellants have already deposited/paid the amount towards costs in terms of the impugned decision, they shall not be entitled for refund thereof from the respondent-complainant or the Advocates Welfare Fund of the Bar Council of India as the case may be.