In a recent ruling, the Allahabad High Court, led by Justice Shekhar B. Saraf and Justice Manjive Shukla, set aside a disciplinary order by the Uttar Pradesh Bar Council that banned Advocate Sant Ram Rathore from practicing in District Pilibhit for a year. The court found the Bar Council's action unjustified, as Rathore had already apologized in a related contempt case, and the High Court had accepted the apology and closed the matter.
Background: The Bar Council issued the disciplinary order on July 3, 2024, despite the High Court dropping contempt proceedings against Rathore after his apology for conduct during a hearing in October 2023. The key legal question was whether the Bar Council could continue disciplinary action after the High Court had already resolved the issue.
Court's Observations: The High Court ruled that once Rathore's apology was accepted and the contempt case dropped, the Bar Council should not have pursued further action for the same incident. The court emphasized that any new disciplinary measures could only be based on fresh misconduct, not on an incident already adjudicated.
Decision: The court quashed the Bar Council’s order, asserting that continuing proceedings for an already resolved matter was beyond the Council's jurisdiction.
Case Details:
Title: Sant Ram Rathore vs. UP Bar Council Allahabad and Another
Case Number: WRIT-C No. 27919 of 2024
Bench: Justice Shekhar B. Saraf and Justice Manjive Shukla
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