HARISH TANDON, J. - (1.) The petitioner is a practising advocate of this Court and have taken out this Public Interest Litigation espousing the cause of four members of the Bar Council of West Bengal who protested against the letter dated 25.6.2021 issued by the Chairman of the said Bar Council raising grievance against the Chief Justice (Acting) in discharging his administrative duties and making it public in different medias having an impact on the impartiality of the Judicial System and partition attitude having shown to selected class of the litigation. The foundation of the present PIL is that the Chairman has used the official letterhead of the Bar Council and percolating his own views which cannot be regarded as the views of the collective members of the Bar Council and such action is inflagrant violation of the statutory provision and the rules governing the said Bar Council amounting to misconduct within the sweep of the aforesaid statutory provision.
(2.) Both the letters of the Respondent no. 2 and dissenting four members of the Petitioner no. 1 are annexed to this application and the mandamus is sought, upon the Respondent no. 1 to initiate disciplinary proceedings for professional misconduct under the Advocates Act, 1961 and the Rules framed thereunder.
(3.) The letter of the Respondent no. 2 would evince several decisions of the Chief Justice (Acting) in distribution and allotment of selective cases either in contravention to the Appellate Side Rules or in partition way which does not percolate a message to the common people that his actions are impartial, fair and in consonance with the well settled principles of statutory procedure.;