IN RE: SECOND-GRADE PLEADER Vs. STATE
IN RE: SECOND-GRADE PLEADER
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(1.) In this case the District Judge, under proceedings, dated 30 December 1899, framed two charges against the petitioner under Section 14 of the Legal Practitioners Act. The charges related to two distinct matters. The proceedings directed that the charges would be heard on 24 January 1900. On the day on which the charges were framed (30 December 1899), the Judge passed an order suspending the petitioner from practice as from 1 January 1900, pending the disposal of the charges framed against him.
(2.) In passing this order the District Judge overlooked the provisions of Section 40 of the Act. That section provides as follows: Notwithstanding any thing hereinbefore contained "no pleader, mukhtar or revenue agent shall be suspended or dismissed under this Act unless he has been allowed an opportunity of defending himself before the authority suspending or dismissing him." This section governs the provisions of Section 14 which gives to a Judge a power of suspension pending the investigation and the orders of the High Court. In In the matter of Southekul Kishan Row L.R. 14 I.A. 154 : I.L.R. 15 Calc. 152, the Privy Council considered the effect of Section 40 of the Act, and they pointed out (see page 158) that any proceedings instituted under the Act are subject to the provisions of Section 40.
(3.) As regards the first charge framed against the petitioner it is not suggested that he was given any opportunity of defending himself before the order of suspension pending investigation was made. As regards the second charge it would seem that on 7 September 1899, in Appeal Suit No. 42 of 1899 the District Judge, whilst; remanding the suit to the District Munsif for further evidence, made the following observation: "The conduct of their vakil (the petitioner) ought to be carefully watched by the Court.";
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