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Madras High CourtWP/36979/2024disposed of

S.J.Shiek Ibrahim v. The Secretary

2024-12-09Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN S.J.Sheik Ibrahim ... Petitioner Vs.

1. The Secretary Bar Council Of Tamil Nadu And Puducherry , High Court Campus, Chennai-600 114.

2 S. Shanmuganathan Advocate (e.no.515/2011) S/o.santhanam, No. 89-A, Surankottai , Surankottai Post , Ramanathapuram District, Pincode-623 504.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the 1st respondent to expedite the disciplinary enquiry proceedings pending in DCC No. 235 of 2023 and DCC No. 236 of 2023.

For Petitioner : Mr. K.V. Shanmuganathan For Respondents : Mr.C.K.Chandrasekar SC for BCT , for R1

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the first respondent to expedite the disciplinary enquiry proceedings initiated in DCC No.235 of 2023 and DCC No.236 of 2023.

2. Mr. C.K.Chandrasekar, learned counsel appearing on behalf of the Bar Council of Tamilnadu and Puducherry would submit that period of one year lapsed and the disciplinary proceedings had already been transferred to the Bar Council of India under Section 36(B) of the Advocates Act on 29.07.2024.

3. The proceedings are now pending on the file of the Bar Council of India and therefore, the petitioner is at liberty to move the Bar Council of India for appropriate remedy.

4. The Bar council of Tamilnadu and Puducherry is directed to inform any such transfer of disciplinary proceedings under Section 36(B) of the Advocates Act to all the parties to the disciplinary proceedings at the time of transfer.

5. With the above direction, this Writ Petition stands disposed of. No costs.

[S.M.S., J.] [M.J.R., J.] 09.12.2024 Index: Yes/No Speaking/Non-speaking order mrp To The Secretary Bar Council Of Tamil Nadu And Puducherry , High Court Campus, Chennai-600 114.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

mrp 09.12.2024