- (1.) Heard Mr.Mahendra Gaur in person.
(2.) The facts in brief, necessary to be recorded for the present adjudication, are that a complaint had been lodged on 04.04.2011 by Mr.Ashok Kumar Gupta and others, on which eventually, on 24.4.2011, the Bar Council of Rajasthan, Jodhpur (for short, hereafter referred to as 'BCR') took cognizance. Resultantly, D.C. Inquiry Case No.10/2011 was initiated against the petitioner, which eventually stood transferred to the Bar Council of India (for short, hereafter refered to as 'BCI'). The petitioner sought to invoke the writ jurisdiction of this Court seeking annulment of the order dated 24.4.2011 of the BCR taking cognizance of the complaint against him as well as the proceedings in connection therewith as a whole. It is not disputed that meanwhile on 24.3.2012, the aforementioned proceedings pending before the BCR stood transferred to the BCI in terms of Section 36B(1) of the Advocates Act, 1961 (for short, hereafter referred to as 'the Act'). By the impugned judgment and order dated 24.9.2013, the learned Single Judge by noticing the relevant facts as well as transfer of the proceedings to the BCI, closed the writ petition by leaving the petitioner at liberty to raise all his grounds/objections in respect of D.C.Inquiry Case No.10/2011 before the BCI. As the impugned judgment and order would reveal , meanwhile, the petitioner himself had also approached the BCI in connection with this proceeding.
(3.) Section 36B(1) of the Act, referred to in the impugned judgment and order is quoted hereinbelow:- "36B(1). Disposal of disciplinary proceedings.-(1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section (2) of section 36.";