Can Disciplinary Proceedings Under the Advocates Act Continue After a Complainant’s Sworn Withdrawal and Without Evidence?

 

Summary

Category Data
Court Supreme Court of India
Case Number C.A. No.-000077 – 2026
Diary Number 75503/2025
Judge Name HON’BLE MR. JUSTICE VIKRAM NATH
Bench HON’BLE MR. JUSTICE VIKRAM NATH; HON’BLE MR. JUSTICE SANDEEP MEHTA
Precedent Value Clarifies procedural and evidentiary standards in Advocates Act disciplinary proceedings
Overrules / Affirms Sets aside Disciplinary Committee’s order (BCI Transferred Case No. 455 of 2023 dated 4 April 2025)
Type of Law Professional misconduct under the Advocates Act, 1961
Questions of Law
  • Can disciplinary proceedings continue after the complainant withdraws by sworn affidavit?
  • Are findings of professional misconduct sustainable without examining the complainant or allowing cross-examination?
Ratio Decidendi
  1. Once a complainant files a duly sworn affidavit withdrawing the complaint and expressing satisfaction with the advocate’s conduct, the “substratum” of disciplinary proceedings ceases to exist.
  2. A disciplinary authority cannot ignore such withdrawal; failure to address it vitiates the entire proceeding.
  3. Allegations alone, absent evidence and cross-examination of the complainant, do not satisfy the requirements of fair adjudication under the Advocates Act.
  4. Procedural fairness demands that the complainant be examined on oath and the advocate be given the right to cross-examine; otherwise, findings are legally unsustainable.
Facts as Summarised by the Court The respondent engaged the appellant-advocate to quash an FIR based on a compromise. A cost order was missed, leading to revival and re-quashing. The respondent then filed a withdrawal affidavit before the State Bar Council. The BCI Disciplinary Committee ignored this affidavit, convicted the advocate of misconduct, and imposed a penalty. The Supreme Court set aside the BCI order.

Practical Impact

Category Impact
Binding On Disciplinary Committees of the Bar Council of India and State Bar Councils
Overrules BCI Transferred Case No. 455 of 2023 (order dated 4 April 2025)

What’s New / What Lawyers Should Note

  • A disciplinary complaint under Section 35 Advocates Act loses its substratum once the complainant withdraws it by sworn affidavit.
  • Disciplinary authorities must address any withdrawal affidavit; ignoring it renders proceedings unsustainable.
  • Professional misconduct cannot be established on bare allegations; the complainant must be examined on oath.
  • Advocates are entitled to cross-examine the complainant before any finding of misconduct.
  • Failure to comply with these evidentiary and procedural safeguards will lead to setting aside of disciplinary orders.

Summary of Legal Reasoning

  1. Substratum Ceases on Withdrawal: The Court held that once the respondent-complainant filed a sworn affidavit expressing satisfaction and seeking withdrawal, the foundational basis for proceedings vanished.
  2. Failure to Address Affidavit: The BCI Disciplinary Committee “glossed over” this affidavit, ignoring the complete resolution of the grievance.
  3. Lack of Evidence: No evidence was led by the complainant to substantiate the allegations; the committee acted on “bald allegations.”
  4. Procedural Fairness: The Court emphasised the advocate’s right to have the complainant examined on oath and cross-examined. Absence of this renders findings legally unsustainable.
  5. Totality of Circumstances: Considering the amicable resolution and procedural lapses, the Supreme Court set aside the BCI’s finding of professional misconduct.

Arguments by the Parties

Petitioner (Appellant-Advocate)

  • The dispute arose from a misunderstanding over deposit of court-ordered costs, which was later resolved.
  • The respondent filed a withdrawal affidavit expressing full satisfaction with the advocate’s services.
  • No evidence was led; findings were based solely on untested allegations without cross-examination.

Respondent (Respondent-Complainant)

  • The complaint was filed out of frustration over enhanced costs and not due to professional negligence.
  • A sworn affidavit was submitted withdrawing the complaint after the costs issue was amicably settled.
  • No further disciplinary action was desired once the FIR was ultimately quashed.

Factual Background

The respondent was accused in an FIR and engaged the appellant-advocate to file a quashing petition in the Punjab and Haryana High Court. After initial quashing, the petition was dismissed for non-payment of costs, then restored and finally quashed on payment. The respondent then filed a complaint under Section 35 Advocates Act alleging professional misconduct. During those proceedings, he filed a sworn affidavit withdrawing the complaint. The BCI Disciplinary Committee ignored this affidavit, found misconduct, and imposed a penalty, which led to the present appeal.

Statutory Analysis

  • Section 35, Advocates Act, 1961: Governs initiation of disciplinary proceedings on the basis of complaints by parties.
  • Section 38, Advocates Act, 1961: Provides for statutory appeal to the Supreme Court against final orders of the Bar Council of India Disciplinary Committee.
  • The judgment underscores that procedural provisions imply fairness: complainant’s withdrawal and examination on oath are integral to sustaining a complaint.

Alert Indicators

  • ✔ Precedent Followed – Affirms that disciplinary proceedings lapse upon complainant’s sworn withdrawal and require proper evidence.

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