Mrs. Sujata V. Manohar, J. - (1.) These appeals arise from a common order dated 15-5-1986 passed by the Disciplinary Committee of the Bar Council of India in D.C.I.T. Case Nos. 48 and 49 of 1985. These two cases pertain to the appellant and were transferred to the Disciplinary Committee of the Bar Council of India under the provisions of S. 36B(1) of the Advocates Act, 1961 as the Disciplinary Committee of the Bar Council of Tamil Nadu could not dispose of these cases within the prescribed period of one year.
(2.) On or about 21st of October, 1978, the appellant was appointed as City Government Pleader in all the Civil Courts constituted in Madras other than the High Court of Madreas. The work was spread over several Courts in Madras and the appellant as the city Government Pleader was required to conduct all the civil matters pending in the Civil Courts of Madras except the High Court, on behalf of the Government and also to give his opinion on these matters from time to time when required. The appellant was allowed the assitance of juniors who were not appointed by the Government. The respondent was provided with staff.
(3.) The first complaint which was filed by the Commision and Secretary, Government of Tamil Nadu against the appellant before the Disciplinary Committee of the Bar Council of Tamil Nadu bearing D. C. Case No. 48/1985 was in respect of Suit No. 400 of 1978 on the file of the City Civil Court at Madras. The Government Pleader was instructed to appear on behalf of the State Government in that case. The Memo of Appearance had been filed by the earlier Government Pleader. The records of the case had been sent to the office of the Government Pleader and he had also been asked to prepare a written statement. However, when the appellant was appointed as Government Pleader, a fresh Memo of Apperance on his behalf had not been filed in the said suit nor were the papers put up before him. As a result, on 28-6-1979, the suit was decreed ex parte against the State. An application was thereafter moved by the appellant to set aside the ex parte order. The Court set aside the ex parte order on condition that the Government should pay Rs. 20/- as costs. However, the cost was not deposited. As a result the application to set aside the ex parte order was dismissed on 27-9-1979. Consequently the suit was decreed ex parte with costs.;