News By/Courtesy: MADHAV JOSHI | 31 Oct 2018 15:57pm IST

HIGHLIGHTS

  • The bench comprising Justices AK Sikri and Ashok Bhushan stated that such directions were not allowed in the aforementioned matter
  • The bench set aside the order stating that “having gone through the entire matter, we are of the opinion that no such directions were called for in the matter.
  • directions contained in Paragraphs 45 and 46 of the impugned Judgment, are set aside.”

The Supreme Court has set aside the observations made by Uttarakhand High Court’s order which proposed cancellation of the designation of Avtar Singh Rawat as a Senior Advocate. The bench comprising Justices AK Sikri and Ashok Bhushan stated that such directions were not allowed in the aforementioned matter.

The Uttarakhand High Court, while disposing of an appeal filed by Gurbachan Singh against Power Grid Corporation of India, considered an application filed by Singh which brought to the court’s notice that the senior counsel appearing on behalf of the corporation was enlisted by him in an earlier writ petition filed against the corporation. It was further submitted that the senior counsel had all knowledge pertaining to his case, which amounted to professional misconduct. A vakkalath in the earlier case, which showed that Avtar Singh Rawat had appeared for him, was produced before the court. Rawat was, however, not designated as a senior during that case. Allowing Gurbachan Singh to file a complaint before the Bar Council of India, Justice Lok Pal Singh took serious note of the submission made by Singh.

Avtar Singh appealed to the Supreme Court over the order which canceled his designation as a Senior Advocate. The bench set aside the order stating that “having gone through the entire matter, we are of the opinion that no such directions were called for in the matter. In the facts and circumstances of the case, the observations which are made in the impugned Judgment against the appellant, as well as the directions contained in Paragraphs 45 and 46 of the impugned Judgment, are set aside.”

Section Editor: UTKARSH JAISWAL | 31 Oct 2018 16:13pm IST


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