Disciplinary Jurisdiction over Advocates -- Caution List by Bank -- Cannot be invoked to punish professional misconduct of advocate
(i) Advocates Act, 1961, S.35 -- Disciplinary Jurisdiction over Advocates -- Caution List by Bank -- Cannot be exercised by a bank or banking association through inclusion of an advocate name in a caution list. Jurisdiction over professional misconduct of advocates lies exclusively with the Bar Council of India and the State Bar Councils. Such inclusion bypasses the statutory disciplinary process and amounts to an unauthorised assessment of professional competence by a body having no jurisdiction to do so. (ii) Constitution of India, Art.19(1)(g) -- Removal of Panel Advocate -- Negligence of Advocate -- Permits a bank to disengage an advocate from its panel or remove his name where service is found deficient. Does not permit a public declaration to other banks and institutions regarding conduct or competency of the advocate. Such declaration exceeds the power of the bank and affects the right of the advocate to practise his profession.
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