Heard learned counsel for the appellant, learned counsel for the
respondents and the respondent, who has appeared in-person in Civil Appeal No.
4207 of 2008.
Disciplinary Committee No.(II) of the Orissa State Bar Council consisting
of three persons, one of whom was one Shri R.K. Mohanty, advocate, dismissed the
complaints filed by the appellant. The said order has been confirmed in appeal by the
Bar Council of India. Hence, these appeals.
The appellant has challenged the impugned orders mainly on the ground
that Shri R.K. Mohanty, Advocate ceased to be a Member of the Disciplinary
Committee (II) of the State Bar Council on 23.12.1999 and, therefore, he could not
have, as a Member of the Committee, decided the complaints. It has not been
disputed before us that the day on which the complaints filed by the appellant were
dismissed, Shri R.K. Mohanty was not a Member of Disciplinary Committee (II) of
the State Bar Council. Therefore, on this ground alone, the impugned orders are
liable to be set aside.
Accordingly, the appeals are allowed, impugned orders are set aside with
the direction to the State Bar Council to decide the complaints afresh. The Chairman
of the Orissa State Bar Council shall see that the complaints filed by the appellant are
placed before properly constituted Disciplinary Committee and disposed of in
accordance with law.
[G.S. SINGHVI] New Delhi, January 12, 2009.