IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4206 OF 2008

Goverdhan Pujari      ...Appellant(s)

Versus

Jugal Kishore Sahu      ...Respondent(s)

With Civil Appeal Nos.4207 of 2008 and 4387 of 2008

O  R  D  E  R

Heard  learned  counsel  for  the  appellant,  learned  counsel  for  the

respondents  and the respondent,  who has appeared in-person in Civil  Appeal  No.

4207 of 2008.

Disciplinary Committee No.(II) of the Orissa State Bar Council consisting

of three persons, one of whom was one Shri R.K. Mohanty, advocate, dismissed the

complaints filed by the appellant.  The said order has been confirmed in appeal by the

Bar Council of India.  Hence, these appeals.

The appellant has challenged the impugned orders mainly on the ground

that  Shri  R.K.  Mohanty,  Advocate  ceased  to  be  a  Member  of  the  Disciplinary

Committee (II) of the State Bar Council on 23.12.1999 and, therefore, he could not

have, as a Member of the Committee, decided the complaints. It  has  not  been

disputed before us that the day on which the complaints filed by the appellant were

dismissed, Shri R.K. Mohanty was not a Member of Disciplinary Committee (II) of

the State Bar Council.   Therefore, on this ground alone,  the impugned orders are

liable to be set aside.

....2/-

- 2 -

 Accordingly, the appeals are allowed, impugned orders are set aside with

the direction to the State Bar Council to decide the complaints afresh.  The Chairman

of the Orissa State Bar Council shall see that the complaints filed by the appellant are

placed  before  properly  constituted  Disciplinary  Committee  and  disposed  of  in

accordance with law.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 12, 2009.