Practice as advocate by a retired judge
Balaji Bakthavathsal
(Querist) 25 June 2014
This query is : Resolved
Dear Learned Advocates,
Please clarify my doubt.
Can a judge who is compulsorily retired from service for his misconduct, continue the law profession as an Advocate ?
Thanks & Regards
Balaji
Guest
(Expert) 25 June 2014
Agreed with Mr.Devajyoti Barman.As per your statement he had only Retired (No Departmental Punishment) and he could practice as an advocate after Retirement.
Laxmi Kant Joshi
(Expert) 25 June 2014
Compulsarily retirement is a punishment in the govt .job as you said misconduct , misconduct to profession or with seniors , if it is profession and supreme court had banned him to do practice then he can not otherwise he can practice.
Balaji Bakthavathsal
(Querist) 25 June 2014
The Judge was charge Sheeted for the allegation that while he was functioning as Principal District Munsif cum Judicial Magistrate, used to Put signature in the blank remand and warrant forms, so that the blank forms could be used in the absence of the judge from the Headquarters during the week ends. Further the judge had adverse entries in his confidential reports. He was compulsorily retired from service. The High Court upheld the retirement which was challenged by the judge. As Mr. Laxmi Kant Joshi said, it is a misconduct to profession, I feel so. Please clarify.
Thanks & Regards
Balaji
Rajendra K Goyal
(Expert) 25 June 2014
The appeal is pending and if previous decisions does not ban on his practice, he can practice as a lawyer.
G. ARAVINTHAN
(Expert) 25 June 2014
only Bar council is empowered to restrain him from Pracitising before Courts
Guest
(Expert) 25 June 2014
He is free to practise his legal profession after retirement, irrespective of regular retirement after the age of superannuation or retired compulsorily during the span of his service.
Professional misconduct in Government service cannot be treated as professional misconduct in his private legal practice. Even Bar Council cannot restrain him from practising, unless professional misconduct is noticed during his private legal practice while serving his clients.
