STEP 1: FILING OF COMPLAINT BY PETITIONER
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→ Write the complaint in the form of a petition/suit/plaint (Format attached), which shall contain the verification part and also paste your colour photograph on the first page (right side top corner) of the complaint. It must contain an affidavit on non-judicial stamp paper of Rs.10/- only attested by an Oath Commissioner/ Notary in its support and a copy of ID (Aadhar Card/Voter Card). Attach all the documents, to prove the allegations made in your complaint.
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→ Once the original complaint is ready, in the above stated manner, with Index containing the numbering of pages, photograph, affidavit, ID proof and annexures, if any, you need to get its 10 copies done for submission in office of Bar Council of Delhi and provide soft copy (PDF) to BCD Complaint Section WhatsApp Number 8851842206 and bcdcomplaint@gmail.com. A copy of Complaint in PDF be supplied in pen drive also.
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→ Remit Rs. 2,000/- (Two Thousand Only) as complaint fee in cash or UPI or demand draft in favour of Bar Council of Delhi.
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→ Before filing complaint with Bar Council of Delhi, complainant shall serve an advance copy of the complaint to Respondent and copy of receipt of service be filed along with the complaint. Keep one same set for yourself for future reference.
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→ After the completion of the above stated formalities, the complaint will be taken up for consideration in its meeting, for which notice and WhatsApp message will be sent to you.
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→ The complaint duly filed as above shall be entertained only in the B.C.D. Head Office at 2/6, Siri Fort Institutional Area, Khel Gaon Marg, New Delhi-110049, if the Advocate concerned is enrolled with Bar Council of Delhi.
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STEP 2: HEARING OF CASE BY THE DISCIPLINARY COMMITTEE
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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
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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:
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→ Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
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→ Reprimand the advocate;
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→ Suspend the advocate from practice for such period as it may deem fit;
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→ Remove the name of the advocate from the State roll of advocates
DISPOSAL OF DISCIPLINARY PROCEEDINGS
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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
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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
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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.
