Complaints & Grievances

Complaints & Grievances

Filing a complaint against an enrolled advocate

Advocates have the dual responsibility of upholding the interests of the client fearlessly while conducting themselves as officers of the court. Accordingly, they are expected to adhere to the highest standards of probity and honour. An advocate should  serve the common man compassionately , morally and lawfully. However if a citizen feels that he has been wronged by a advocate he can file a complaint against him / her in the Bar Council of Delhi.

STEP 1: FILING OF COMPLAINT BY PETITIONER

  • Write the complaint in the form of a plaint and also write the enrolment number, address and contact number of the advocate against whom you are complaining.
  • Submit 35 copies of your complaint in Hindi/English and shall contain the verification part. Last page of each and every copy of the complaint shall be signed by the Complainant. Also required to submit a colour photograph of the Complainant on the first page of the Original Complaint and its copies on the rest of 34 sets.
  • Contact Number/Email I.D. of Complainant and Respondent, if any.
  • The complaint must also contain an affidavit on non-judicial stamp paper of Rs. 10/- only attested by an Oath Commissioner/Notary in support of complaint.
  • Remit Rs. 500/- as complaint fee in cash or demand draft in favour of Bar Council of Delhi.
  • Identity proof of the Complainant.

After the completion of the above stated formalities, your complaint will be taken up for consideration in its meeting, for which notice will be sent to you.

Note:- The complaint duly filed as above shall be entertained only if the Advocate concerned is enrolled with Bar Council of Delhi.

STEP 2: HEARING OF CASE BY THE DISCIPLINARY COMMITTEE

Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. The disciplinary committee of a State Bar Council shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocates concerned and to the Advocate-General of the State.

STEP 3: DECISION OF CASE BY THE DISCIPLINARY COMMITTEE

All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, and every such disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of the Code of Criminal Procedure, 1898. The disciplinary committee of the State Bar Council, after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely:

  • dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
  • reprimand the advocate;
  • suspend the advocate from practice for such period as it may deem fit;
  • remove the name of the advocate from the State roll of advocates

DISPOSAL OF DISCIPLINARY PROCEEDINGS

The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdraw for inquiry under sub-section (2) of section 36.

APPEAL TO THE BAR COUNCIL OF INDIA

Any person aggrieved by an order of the disciplinary committee of a State Bar Council made under section 35 or the Advocate-General of the State may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India. Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may pass such order including an order varying the punishment awarded by the disciplinary committee of the State Bar Council thereon as it deems fit. Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially effect the person aggrieved without giving him reasonable opportunity of being heard.

APPEAL TO THE SUPREME COURT

Any person aggrieved by an order made by the disciplinary committee of the Bar Council of India under section 36 or section 37 or the Attorney-General of India or the Advocate-General of the State concerned, as the case may be, may within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such order including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India thereon as it deems fit. Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.