Gupta, J. - (1.) This is an appeal under Section 38 of the Advocates Act, 1961. In a proceeding transferred to it under Section 36B of the Act, the Bar Council of India by its order dated 17 April, 1977 found that the appellant was guilty of professional misconduct and suspended him from practice for a period of one year. The complaint on which the proceeding was initiated was filed in the Gujarat Bar Council on 9th October, 1971.
(2.) Section 35 (1) of the Advocates Act, 1961 reads: "Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its Disciplinary Committee."
(3.) In Bar Council of Maharashtra v. M. V. Dabholkar, (1976) 1 SCR 306 this Court having examined the scheme and the provisions of the Advocates Act observed: "It is apparent that a State Bar Council not only receives a complaint but is required to apply its mind to find out whether there is any reason to believe that any advocate has been guilty of professional or other misconduct. The Bar Council of a State acts on that reasoned belief........... ............. The Bar Council acts as the sentinel of professional code of conduct and is vitally interested in the rights and privileges of the advocates as well as the purity and dignity of the profession. .............the function of the Bar Council in entertaining complaints against advocates is when the Bar Council has reasonable belief that there is a prima facie case of misconduct that a disciplinary committee is entrusted with such inquiry ........";