K. ANJINAPPA versus K.C. KRISHNA REDDY AND ANR.

K. ANJINAPPA versus K.C. KRISHNA REDDY AND ANR.

The Court held that disposal of complaints received under Section 35 by State Bar Councils within one year is mandatory, transfer under Section 36B is an exception to be used only when valid reasons are recorded, and the Bar Council of India must dispose of transferred proceedings within one year; the BCI was directed to issue appropriate directions and to finally dispose of transferred complaints expeditiously, and State Bar Councils were directed to conclude complaints within one year. In the present case no further order was required as the State Bar Council subsequently disposed of the appellant's complaint and revision was pending before the BCI.

Parties
Appellant: K. Anjinappa; Respondent: K.C. Krishna Reddy and Anr.
Jurisdiction
India
Judgment Date
17 December 2021
Procedural Posture
Civil Appeal No.7478 of 2019 / Disposed
Outcome
Appeal disposed of.
Legal Topics
Section 35, Section 36 B, Disciplinary Committee Procedures, Bar Council of India Duties, State Bar Councils Duties, Time Limit for Disposal of Complaints
Advocates Act, 1961 Professional Disciplinary Proceedings Administrative Law Section 35 Section 36 B Disciplinary Committee Procedures Bar Council of India Duties State Bar Councils Duties +1 more

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Parties

K. Anjinappa

Appellant

K.C. Krishna Reddy and Anr.

Respondent

Procedural Posture

Civil Appeal No.7478 of 2019 / Disposed

Legal Issues

  1. 1 Whether the disciplinary committee of a State Bar Council must dispose complaints received under Section 35 within one year
  2. 2 Whether proceedings stand transferred to the Bar Council of India under Section 36B by operation of law and whether such transfer is an exception or the norm
  3. 3 Whether the Bar Council of India must dispose of transferred proceedings within one year and follow procedures in Section 35/36

Ratio Decidendi

The Court held that disposal of complaints received under Section 35 by State Bar Councils within one year is mandatory, transfer under Section 36B is an exception to be used only when valid reasons are recorded, and the Bar Council of India must dispose of transferred proceedings within one year; the BCI was directed to issue appropriate directions and to finally dispose of transferred complaints expeditiously, and State Bar Councils were directed to conclude complaints within one year. In the present case no further order was required as the State Bar Council subsequently disposed of the appellant's complaint and revision was pending before the BCI.

Court Disposition

Appeal disposed of.

Orders

  • Bar Council of India to issue directions under Section 48B directing State Bar Councils to dispose of complaints received under Section 35 expeditiously and conclude proceedings within one year
  • State Bar Councils shall record valid reasons if proceedings cannot be completed within one year; only in such exceptional cases shall proceedings stand transferred to the Bar Council of India under Section 36B