KALPANA SHARMA v. JOGINDER PAL SINGH

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

VS.

Heard the learned senior counsel appearing for the

parties.

Perused the impugned order passed by the

Disciplinary Committee of the Bar Council of India.

Without looking into the allegations of the professional

misconduct against the respondent, the Disciplinary

Committee, by a cryptic order, has dismissed the

complaint by observing that the controversy between the

parties is purely of civil nature and there was a Civil

Suit pending. That is no ground to dispose of the

complaint. It was the duty of the Disciplinary Committee

to examine whether the allegations of professional

misconduct were made out in the complaint and whether the

same were established.

We, therefore, set aside the impugned order dated

9th May, 2024 and remit the complaint (B.C.I.TR.Case

No.555 of 2023) to the Disciplinary Committee of the Bar

Council of India for reconsideration in accordance with

law.

All contentions of the parties are left open to be

decided by the Disciplinary Committee.

It is obvious that we have made no adjudication on

the question whether a case of processional misconduct is

made out in the complaint.

The appeal is allowed on the abov...