In a recent ruling, a Division Bench of the Allahabad High Court comprising Justice Shekhar B. Saraf and Justice Manjive Shukla quashed an order by the Uttar Pradesh Bar Council that restricted Advocate Sant Ram Rathore from practicing in any court of District Pilibhit for one year. The court emphasized that the Bar Council had no grounds to pursue disciplinary action after the High Court had already accepted the advocate’s apology in a related contempt proceeding.
Case Background:
The case revolves around a disciplinary order dated July 3, 2024, passed by the Uttar Pradesh Bar Council, which directed Sant Ram Rathore, an advocate, to refrain from practicing in any court in District Pilibhit for a year. This disciplinary action was initiated despite the High Court’s earlier decision to drop contempt proceedings against Rathore following his apology for his conduct during a court hearing on October 26, 2023. The High Court had already cautioned Rathore and accepted his apology, thereby closing the matter.
Important Legal Issues:
The primary legal issue in the case was whether the Uttar Pradesh Bar Council had the authority to initiate and continue disciplinary proceedings against Rathore for the same conduct that the High Court had already addressed and accepted an apology for. Another significant issue was whether the Bar Council could impose a ban on Rathore’s practice despite the High Court’s order allowing him to continue practicing.
Court Observations:
The court was unequivocal in its observation, stating, “Once the coordinate Bench of this Court has accepted the apology tendered by the contemnor and dropped the contempt proceedings against him, the matter should have ended there.” The Bench further remarked, “For the same misconduct which has been condoned by the High Court, further proceedings should not have been continued by the Bar Council.”
The judgment also included a stern reminder to the Bar Council, clarifying that they are free to act in accordance with the law only if there is any fresh instance of misconduct by the petitioner, but not on the basis of an incident that has already been adjudicated and resolved by the court.
Decision of the Court:
The Allahabad High Court quashed the impugned order of the Uttar Pradesh Bar Council dated July 3, 2024. The court held that the continuation of disciplinary proceedings for the same incident, which was already concluded by the High Court, was unjustified and beyond the jurisdiction of the Bar Council. The court emphasized that the Bar Council could take action only in case of any new misconduct and not for a matter that had already been resolved.
Case Details:
– Case Title: Sant Ram Rathore vs. UP Bar Council Allahabad and Another
– Case Number: WRIT – C No. 27919 of 2024
– Bench: Justice Shekhar B. Saraf and Justice Manjive Shukla
– Counsel for Petitioner: Ashok Kumar Rai, Pavan Kumar Pandey (Senior Advocate)
– Counsel for Respondent: Ashok Kumar Tiwari
