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After Client Withdrew Complaint, BCI Disciplinary Committee Couldn't Have Imposed Penalty On Advocate : Supreme Court
['Yash Mittal']
Supreme Court - High Court - Legal Breaking News | Live Law India
“Once the respondent complainant himself expressed complete satisfaction with the professional services rendered by the appellant-advocate and categorically sought to withdraw the complaint, the very substratum of the disciplinary proceedings ceased to exist.
The appellant-advocate was engaged to file a quashing petition, which the High Court allowed subject to costs.
Alleging negligence, the client approached the State Bar Council, but the dispute was subsequently settled: the High Court waived the costs and finally quashed the FIR.
Setting aside the penalty and the proceedings, the judgment authored by Justice Mehta observed that the very substratum of the disciplinary proceedings had disappeared once the complainant voluntarily withdrew the allegations and affirmed that no grievance survived.
Further, the Court flagged serious procedural lapses, observing that the finding of misconduct was based solely on the bare allegations in the original complaint.
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complaint
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appellant
complainant
disciplinary
professional
misconduct
proceedings
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