Narain Pandey vs Pannalal Pandey

2. The appellant filed a complaint against the respondent, an advocate practicing in Tehsil Gyanpur, District Sant Rabidass Nagar, Bhadohi under Section 35 of the 1961 Act before the Bar Council of Uttar Pradesh (for short, ‘BCUP’) alleging that he is involved in number of false cases by forging and fabricating documents including settlement documents without the knowledge of the parties in the Consolidation Court. The complainant alleged that besides the cases of other people, in the case of the complainant also without his knowledge and other co-khatedars, the respondent filed a compromise deed by forging and fabricating their signatures and obtained orders from the Consolidation Court. The complainant gave the details of four cases in this regard. The complainant also stated in the complaint that respondent has been earlier held guilty of professional misconduct and, in this regard, referred to the judgment in the matter of Diwakar Prasad Shukla v. Panna Lal Pandey. The complainant prayed that the respondent be proceeded with the professional misconduct and be punished by cancelling his license to practice.

3. The complaint was referred to its Disciplinary Committee by BCUP. The respondent filed written statement to the complaint and denied the allegations made in the complaint. In his reply, the respondent denied that he has forged signatures or created any fictitious compromise documents. He set up the plea that the complaint has been filed against him due to enmity.

5. The Disciplinary Committee, BCUP considered the evidence tendered by the complainant at quite some length and observed that all the witnesses produced by the complainant had supported the allegations made in the complaint; the witnesses had stated that compromises which were filed by the respondent-advocate were not signed by them and they had never engaged the respondent as their advocate to conduct their cases in the Consolidation Court. The Disciplinary Committee, BCUP also observed that the respondent-advocate did not cross-examine the witnesses of the complainant on this point. On careful analysis of the evidence, the Disciplinary Committee, BCUP concluded as follows :

12. The question now is of award of just and proper punishment. As noted above, the Disciplinary Committee, BCUP debarred the respondent from practice for a period of seven years. The Disciplinary Committee, BCI in the impugned order while holding that the respondent should have been careful in dealing with the matters before the Chakbandi Officer and that he had acted negligently modified the order of punishment awarded by the Disciplinary Committee, BCUP and reprimanded the respondent-advocate (appellant therein) and also imposed cost and default punishment, as noted above.

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12. We have therefore sought to adapt the punishment of suspension to serve two purposes — injury and expiation. We think the ends of justice will be served best in this case by directing suspension plus a provision for reduction on an undertaking to this court to serve the poor for a year. Both are orders within this Court's power.”

19. The order passed by the Disciplinary Committee, BCI is modified and the respondent-advocate is awarded punishment for his professional misconduct, as indicated above. Civil Appeal is allowed to that extent with no order as to costs.