Bar council of india not taking up my complaint

Amit Bhandari (Querist) 19 August 2018 This query is : Resolved
I had filed a complaint against another advocate u/s 35 of Advocates Act in Delhi Bar Council. They gave me a complaint number and informed me that complaint would be taken up in due course of time and inform me of the same. As nothing happened on my complaint for 01 year, I requested the BCI to take up my complaint case u/s36(2). BCI replied to me stating my case is not covered u/s36(2) as action can be taken only if complaint is pending before a Disciplinary Committee of the State Bar Council. They further said my complaint had not yet been taken up by State Bar Council u/s35 for consideration as to whether prima facie, a case of professional misconduct is made out or not. The State Bar Council had to conclude the proceedings within 01 yr of receipt. But nothing has happened in last 01 yr and 08 months now. Is 1 yr period counted from the date the complaint is referred by State Bar Council to its Disciplinary Committee? Is it necessary that complaint has to pending before Disciplinary Committee only then BCI can take it up and not otherwise? If yes, how can I ensure that complaint is referred to Disc. Committee without any more delay? We do not have control by when complaint is referred to Disciplinary Committee and by giving this excuse they can sit on the complaint for many many years. As State Bar Council is doing nothing with the complaint and BCI has refused to take it up u/s36(2), what is the solution? Is BCI supposed to take action under any other legal provision? Should I approach Delhi HC/SC to direct BCI to take up the complaint and conclude it?.

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