ASHOK KUMAR SINGH Vs. BIHAR STATE BAR COUNCIL

JUDGEMENT

(1.) HEARD both the parties.

(2.) THE Bar Council of Bihar is a body corporate constituted by and under the provisions ot Advocates Act, 1961 . Section 6 of the Act directs what shall be the functions of a State Bar Council as that of the said Council. The principal functions of the said Council is to admit persons as advocates on its roil, to entertain and determine cases of misconduct against advocates on its roll, to safeguard the rights, privileges and interests of advocates on its roll, to promote the growth of Bar Associations and to promote and support law reforms. It has also been directed to perform all other functions conferred on it by or under the Act and also to do all other things necessary for discharging the aforementioned principal functions. Section 11 of the Act contained in Chapter II of the Act is as follows: ''

(3.) SECTION 15 of the Act authorises a State Bar Council to make rules to carry out the purposes of Chapter -ll of the Act including rules prescribing qualifications and conditions of services of Secretary, the Accountant and other employees of the Bar Council. The said Council has framed rules and in Clause 8 of Chapter -I thereof has provided that Secretary means the Secretary of the Bar Council and includes any person appointed by the Bar Council to perform any of the duties of the Secretary. Under Clause 2 of Chapter -lX of the rules, it has been provided that the Committees shall exercise, subject to the general control and supervision by the Bar Council, the powers, duties and functions conferred or imposed upon or assigned to each one of them by the Act and the rules and other rules made under the Act and by directions or resolutions of the Bar Council. By Clause - 13 of Chapter -IX of the rules, it has been provided that the proceedings of the Committees shall be placed before the Bar Council and at the same time, by Clause -14 of the said rules, it has been provided that the Executive Committee shall be the Chief Body of the Bar Council and shall be entitled to appoint officers and staff of the Bar Council, define their duties and powers and determine all matters concerning their employment provided that the Chairman may make temporary appointments for a period up to one month. By Clause -1 of Chapter -XI, amongst others, it has prescribed that the qualification of the Secretary shall be, inter alia, above the age of 35 years. Sub -clause (5) of Clause 1 of Chapter -XI of the said Rule provides the conditions of services of the employees of the Bar Council. The provisions contained therein directs how an employee of the Bar Council may be removed.