10. When, on the complaint of any person or otherwise, the Court is of the opinion that an advocate-onrecord has been guilty of misconduct or of conduct unbecoming of an advocate-on-record, the Court may make an order removing his name from the register of advocates on record either permanently or for such period as the Court may think fit and the Registrar shall thereupon report the said fact to the Bar Council of India and to State Bar Council concerned:
Provided that the Court shall, before making such order, issue to such advocate-on-record a summons returnable before the Court or before a Special Bench to be constituted by the Chief Justice, requiring the advocate-on-record to show cause against the matters alleged in the summons, and the summons shall, if practicable, be served personally upon him with copies of any affidavit or statement before the Court at the time of the issue of the summons.Explanation.- For the purpose of these rules, misconduct or conduct unbecoming of an advocate-on-record shall includea) Mere name lending by an advocate-on-record without any further participation in the proceedings of the case;b) Absence of the advocate-on-record from the Court without any justifiable cause when the case is taken up for hearing; andc) Failure to submit appearance slip duly signed by the advocate-on-record of actual appearances in the Court.
