Document Fragment View
Fragment Information
Showing contexts for: NAGERCOIL in B.Balakrishna Pillai vs The Bar Council Of India on 10 January, 2011Matching Fragments
4. The petitioner has further submitted that his Enrollment application was duly attested by the President of Nagercoil Bar Association, Mr.P.Selvaraj. On completion of one year of Pre-enrolment training in the District Court and Subordinate Courts in Nagercoil, due paper publication was effected on 04.12.1998 in Dinakaran Tamil Daily, calling for objections, if any, to his enrolment as an Advocate. As no objection was received, he enrolled as an Advocate on 29.01.1999, after complying with the mandatory requirements contemplated under law. His enrolment number is 41/1999. Thereafter, he also became a member of the Bar Association, Nagercoil and started practicing as an Advocate and also exercised his vote in the Bar Council Elections.
15. Learned counsel for the first respondent further submitted that the Secretary of the Nagercoil Bar Association, in his complaint, dated 25.08.2001, has requested the Enrolment Committee to suspend the advocates, against whom enquiries were pending till the enquiry was over. The Enrolment Committee of the Bar Council of Tamil Nadu accepted the request of the Secretary of the Nagercoil Bar Association and suspended the following four advocates from practice: -
1. Mr.E.Chithambarahanu Pillai
37. Reverting back to the case on hand, material on record shows that a complaint, dated 26.08.2000, has been lodged by the Bar Association, Nagercoil to take action against four lawyers, including the petitioner, who has been alleged to have been working as an Advocate's Clerk in Nagercoil and did not attend the law course regularly, as regular attendance is necessary for the course of study for obtaining a law degree. The Bar Council of India, by proceedings, dated 31.01.2001, has instructed the Bar Council of Tamil Nadu to take all the facts into consideration and pass a detailed order. Pursuant to the same, the Bar Council of Tamil Nadu, after providing an opportunity to the Advocates, has sent a report to the Bar Council of India, vide proceedings in R.O.C.No.1060 of 2001, dated 28.08.2001 in Removal Proceedings No.6 of 2000. The petitioner along with three others have been placed under suspension and thereafter, ratification has been sought for, by the Secretary, Bar Council of Tamil Nadu. The Bar Council of India, has requested the State Council to submit a report by 15th February' 2002. The Disciplinary Committee No.2 of the Bar Council of Tamil Nadu, in its report, dated 7.06.2003, after considering the case of the petitioner, has recorded as follows:
"PW.1, Ashok Padmaraj is the Secretary of the Complainant Association. He has filed the proof affidavit stating the facts of the case of the complainant. He was thoroughly cross examined by the respondents' counsels. PW.2, G.Nagendran the Secretary of the Advocate Clerks Association, Nagercoil has deposed for the complainant. He has produced the registers of his Association in Ex.C1 to C4. The various entries in these documents show that the respondent B.Balakrishna Pillai was a member of the Clerks Association. PW.2 has also stated that during the relevant period the respondent B.Balakrishnan Pillai was a member of the Advocate Clerks Association and he was working as a Advocate Clerk at Nagercoil.