In Brief
A disciplinary case against an advocate remained pending before a State Bar Council's disciplinary committee beyond the statutory one-year period and was automatically transferred to the Bar Council of India (BCI) under Section 36B(1) of the Advocates Act, 1961. Instead of deciding the case, the BCI remanded it back to the State Bar Council with a deadline for decision. The Supreme Court held that once proceedings are transferred by operation of law to the BCI due to delay by the State Bar Council, the BCI acquires original jurisdiction and must decide the matter finally on merits. Remitting the case back is impermissible as it defeats the statutory scheme ensuring timely adjudication. The Court distinguished this from appellate jurisdiction, where remand is permissible. The appeal was allowed and the matter was remanded to the BCI to decide within three months.
The lawyer headnote and full judgment text are available to registered users.