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A.P. Bar Council action against lawyer upheld

By Our Legal Correspondent

NEW DELHI Nov. 16. The Supreme Court has upheld an order of the Andhra Pradesh Bar Council removing the name of a lawyer from its rolls after he was found guilty of "grave professional misconduct" in the discharge of his duties.

A Bench comprising Justice V. N. Khare and Justice Ashok Bhan said "adherence to correct professional conduct in the discharge of one's duties as an advocate is the backbone of legal system. Any laxity while judging the misconduct which is not bona fide and (is) dishonest would undermine the confidence of the litigant public resulting in the collapse of legal system.''

The Andhra Pradesh Council had removed the name of the advocate, Kurapati Satyanarayana, from its rolls on the basis of a complaint from a litigant that he had taken Rs. 14,600 in an execution proceeding but had misappropriated it.

On enquiry, the State disciplinary committee concluded that the advocate had retained the money with him and was thus guilty of "professional misconduct.'' He was directed to return the money to the complainant.

However, on appeal by the delinquent advocate, the Bar Council of India (BCI) set aside the State Bar Council's order holding that the delinquent had not committed any professional misconduct though there might have been some negligence on his part, which did not involve any moral turpitude. Against this order, the Andhra Pradesh Bar Council preferred an appeal.

Setting aside the BCI's order, the Bench said `the conduct of the delinquent, who is an elderly gentleman, is reprehensible and is unbecoming of an advocate. It deeply pains us that the delinquent who claimed to have practised for three decades and has worked as Government advocate for four years should have been guilty of such serious misconduct.''

The finding of the BCI that there was no intention on the part of the advocate to misappropriate the money of his client was not only "unfounded and perverse" but also lacked the serious thought which was required to be given to the disciplinary committee of the BCI in the discharge of quasi-judicial functions while probing into such grave instances.

"We feel that having regard to the serious nature of misconduct the punishment of removal of his name from the roll of the Bar Council would be the only appropriate punishment and accordingly, we set aside the order passed by the disciplinary committee of the BCI and restore that of the disciplinary committee of the State Bar Council,'' the Bench said.

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