1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-12-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.12892 of 2011 And M.P.(MD) No.1 of 2011 G.R.Swaminathan .. Petitioner vs. 1.Bar Council of Tamil Nadu, Represented by its Secretary, Bar Council Office, High Court Campus, Chennai-600 104. 2.Raj Kathirvel .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records made in Profession Conduct-Complaint No.105 of 2011, dated 30.9.2011 issued by the first respondent and to quash the same. For Petitioner : Mr.K.Govindarajan for Ms.E.Udhaya For Respondent-1 : Mr.M.Ajmal Khan For Respondent-2 : Mr.Raj Kathirvel (Party-in-Person) O R D E R The petitioner has come up with the above writ petition, challenging a notice of enquiry issued by the Bar Council of Tamil Nadu. 2. Heard Mr.K.Govindarajan, learned counsel for the petitioner, Mr.M.Ajmal Khan, learned counsel for the first respondent and Mr.Raj Kathirvel, the second respondent appearing in person. 3. The second respondent herein was cited as an accused in a criminal complaint filed by his brother's wife. The case is pending on the file of the Judicial Magistrate No.II, Madurai. 4. The second respondent entrusted the brief to the petitioner requesting him to file a quash petition under Section 482 Cr.P.C. The petitioner also filed the quash petition and it is pending. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Alleging that the petitioner did not post him with the information regarding the status of the quash petition, the second respondent lodged a complaint with the first respondent. The first respondent took the complaint on file and issued a notice of enquiry. Challenging the initiation of the proceedings, the petitioner is before this Court. 6. The second respondent herein appeared in person and also filed a counter. The only grievance that the second respondent has projected against the petitioner, both in his complaint to the first respondent and in the counter affidavit, is that the petitioner failed to inform him the status of the quash petition. Other than this, the second respondent has not made out any substantial grievance against the petitioner. 7. A perusal of the complaint filed by the second respondent before the Bar Council and the counter affidavit filed by him before this Court would show that the allegations made by him, even if true, do not constitute a professional misconduct. The fact that the petitioner filed Crl.O.P.No.9043 of 2010 is not in dispute. The fact that it is getting adjourned from time to time, by itself, cannot be treated as a professional misconduct on the part of the petitioner. The information regarding the status of any petition, is easily accessible today for anyone. Therefore, I do not think that the first respondent was justified in taking such a shallow complaint on file and initiating an enquiry. Therefore, the whole proceedings are liable to be quashed. 8. However, the learned counsel for the first respondent submitted that it is always open to the petitioner to reply to the notice and state his defence in the enquiry. In other words, it is the contention of the learned counsel for the first respondent that there is no harm in the petitioner facing the enquiry. 9. But a complaint which is very shallow, cannot be allowed to be proceeded with, on the ground that no prejudice will be caused to a person by merely asking him to participate in an enquiry. No person can be subjected to the ordeal of a trial or enquiry without any justification. 10. Therefore, the writ petition is allowed and the impugned proceedings are set aside. It is admitted by the second respondent that the petitioner has handed over the case papers to him. This fact is recorded. There will be no order as to costs. Consequently connected miscellaneous petition is closed. Ps/Svn Sd/- Assistant Registrar[RTI] /True copy/ TO Sub Assistant Registrar The Secretary, Bar Council of Tamil Nadu, Bar Council Office, High Court Campus, Chennai-600 104. W.P.(MD)No.12892 of 2011 2P/2C DATED:02.12.2011 RPB : 13.12.2011 https://hcservices.ecourts.gov.in/hcservices/