P.L.Sundar, v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.No. 4240 of 2020 P.L.Sundar ... Petitioner Vs.

1. The Secretary, Bar Council of India, No. 21, Rouse Avenue, New Delhi-110002.

2. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai-600104.

3. The Chairman, Disciplinary Committee, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai-600104.

4. D.Balakrishnan,

5. Union Of India, Rep. By Its Secretary, Ministry Of Law And Justice, New Delhi.

(R5 suo-motu impleaded as per order dated 21/2/2020 made in WP.3610/2020 by NKKJ, RPAJ) ... Respondents 1/5

Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to extend the time for completing D.C.C.No. 184/ 2018 pending on the file of 3rd respondent.

For Petitioner :

Mr.N.E.Athipan Raj For Respondent :

Mr.S.R.Raghunathan (for R1) Mr.M.R.Jothimanian (for R2 & R3)

O R D E R

(Order of the Court was delivered by S.M.Subramaniam J.) The writ of mandamus has been instituted to direct the respondents 1 and 2 to extend the time for completing the D.C.C. No.184/2018, pending on the file of the 3rd respondent.

2. The petitioner is the complainant and the complaint submitted by the petitioner was entertained by the Bar Council of Tamil Nadu and referred to the Disciplinary Committee for conducting an inquiry. During the pendency of the inquiry proceedings, the petitioner has chosen to file the present writ petition seeking extension of time for completing the disciplinary proceedings.

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3. The writ petition has been instituted in the year 2020 and it is pending for about four years. Therefore, this Court is not inclined to extend time for completing the departmental disciplinary proceedings.

4. In view of the interim stay granted by this Court, the Disciplinary Committee was not in a position to conclude the inquiry and pass final orders. That being the factum, the respondents 2 and 3 are directed to complete the inquiry by affording opportunity to all the parties and pass final orders within a period of three (3) months from the date of receipt of a copy of this order.

5. With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.J.,) (C.K.J.,) 04.06.2024 Index : Yes/No Speaking order/Non-Speaking order (sha) 3/5

To

1. The Secretary, Bar Council of India, No. 21, Rouse Avenue, New Delhi-110002.

2. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai-600104.

3. The Chairman, Disciplinary Committee, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai-600104.

4. Union Of India, Rep. By Its Secretary, Ministry Of Law And Justice, New Delhi.

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S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

(sha) 04.06.2024 5/5