38. Appeal to the Supreme Court
Any person aggrieved by an order made by the disciplinary committee of the Bar Council of
India under section 36 or section 37 or the Attorney-General of India 1[ or the Advocate-General
of the State concerned, as the case may be], within sixty days of the date on which the order is
communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such
order l[including an order varying the punishment awarded by the disciplinary committee of the
Bar Council of India] thereon as it deems fit :
l[PROVIDED that no order of the disciplinary committee of the State Bar Council of India shall be
varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving
him a reasonable opportunity of being heard.]
COMMENTS
In appeal under s. 38, the Supreme Court would not, as a general rule, interfere with the concurrent
finding of fact by the Disciplinary Committee of the Bar Council of India and of the State Bar
Committee unless the finding is based on no evidence or it proceeds on mere conjecture and
unwarranted inference. The fact that a different view is possible is not sufficient to interfere.
- AIR 1984 SC 110.
Disciplinary jurisdiction over advocates though vests in Bar Councils, the final authority is with the
Supreme Court-Ex Capt. Harish Uppal v. UOI, AIR 2003 SC 739.
Misappropriation of client's money is an act of grave misconduct. Excuse that delinquent advocate did not
make payment de facto complainant as he had utilized money for personal need for treatment, not entertainable
being frivolous and unsustainable. More so, when it was neither pleaded nor shown that delinquent advocate
was in dire financial crisis. Removal of his name from roll of Bar Council was appropriate punishment.-Bar
Council of A.P. v. Kurapati Satyanarayana AIR 2003 SC 175.
2[39. Application of sections 5 and 12 of Limitation Act, 1963
The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963), shall, so far as may
be, apply to appeals under section 37 and section 38.
40. Stay of order
3[(1)] An appeal, made under section 37 or section 38, shall not operate as a stay of
the order appealed against, but the disciplinary committee of the Bar Council of India,
or the Supreme Court, as the case may be, may for sufficient cause direct the stay of
such order on such terms and conditions as it may deem fit.
3[(2) Where an application is made for the stay of the order before the expiration of the
times allowed for appealing therefrom under section 37 or section 38, the disciplinary
committee of the State Bar Council, or the disciplinary committee of the Bar Council of
India, as the case may be, may, for sufficient cause, direct the stay of such order on such
terms and conditions as it may deem fit.]
41. Alteration in roll of advocates
(1) Where an order is made under this chapter reprimarlding or suspending an
advocate, a record of the punishment shall be entered against his name:
(a) in the case of an advocate whose name is entered in a State roll, in that roll;
(b) [Omitted by Act 60 of 1973]
anywhere any order is made removing an advocate from practice, his name shall be struck off the State roll 1[* * *].
(2) [Omitted by Act 60 of 1973]
(3) Where any advocate is suspended or removed from practice, the certificate
granted to him under section 22, in respect of his enrolment shall be recalled.
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