60 COMPLAINT AGAINST AN ADVOCATE
(a) A complaint against an Advocate U/s 41 (2) of Bar Council Act 1973, shall be filed with six extra copies thereof in complaints and inconsonance of instructions specified in prescribed form appended with these Rules in the Schedule and should contain statement of allegations and shall be accompanied by all Documents or Copies of Documents which are available to the Complainant; but in case where the Complaint is not by a Court or by a Public Servant acting in his Official Capacity, the Complaint shall be in prescribed Form appended to these Rules and it shall be supported by an Affidavit as to correctness of facts stated in the Complaint along with Payment Slip of Rs: 510/= deposited in favour of Sindh Bar Council.
(b) The Complaint so received shall be placed before the Disciplinary Committee and the complainant shall be asked to appear before the Committee on the date so fixed, to substantiate his /her Complaint. After perusal of the Complaint and hearing the Complainant, if the Committee is of the opinion that the presence of the respondent the Advocate is necessary, a Notice shall be issued to Respondent / Advocate at the cost of complainant on the Address provided in the Complainant directing him to file his / her reply within 15 days or within subsequent extend date period / time which ever may be given by the Committee on reasonable ground and party may be directed to appear personally before the Committee on all subsequent fixed dates. All such Notices shall be sent under Registered Post Acknowledgment Due and by Courier Service besides affixation a copy of said Notice on the “Notice Board” of the concerned District Bar Association.
(d) Where the Committee is satisfied that there is reason to believe that the Respondent / Advocate is avoiding service, or for any other reason the Notice cannot be served in the ordinary course, the Committee shall, at the cost of the Complainant, order the notice to be served by Publication in the Newspaper and by affixing a copy thereof in some conspicuous part of the House or Office in which the Respondent Advocate is known to have lastly resided or carried on his Practice or personally worked for gain, or
in such other manner as the Committee thinks fit. The process shall be sent to concerned District Court in terms of Section 45 of the Act for Service.
61 Summary Dismissal
Upon receipt of a Complaint under Rule 60 against an Advocate, the Disciplinary Committee may, unless, it summarily rejects the complaint after making such enquiry and giving the parties such opportunity of being heard as it may consider necessary, either reject the Complaint or refer the same to a Tribunal for decision;
Provided that the Disciplinary Committee shall not summarily reject a Complaint made by or through the Supreme Court or a High Court.
61-A An Appeal provided in Section 41 (5) of the Act shall be preferred in the form of a Memorandum signed by the Applicant or his Advocate accompanied by six copies and presented to the Bar Council. The memorandum shall be accompanied by a copy of Impugned Order appealed from supported by duly attested Affidavit on Non-judicial Stamp Paper and payment slip of Rs. 200/- to be paid in favour of Sindh Bar Council. The Appeal so preferred shall be submitted to the Tribunal for decision.
62. Reference to Tribunal
Where a reference is made to Tribunal under Section 41 (4) of the Act all the relevant documents shall be forwarded along with the reference.
63. Conduct of Proceedings before Tribunal
Proceedings before the Tribunal shall be conducted by the Advocate-General or by an Advocate appointed by him. The Complainant shall also be entitle to appear in person, or through his Counsel; but the Advocate-General shall have a prior right to conduct the proceedings subject to any direction by the Tribunal.
64. Notice of Complaint
On receipt of a reference under Section 41(4) of the Act the Chairman of the Tribunal shall fix a date for the hearing of the case not earlier than twenty-one days and not later than sixty days from such receipt, and a notice of the date so fixed shall be served on the Advocate concerned as well as the Advocate-General along with copies of the record that have been forwarded to the Tribunal so as to reach the Advocate as well as Advocate -General not less than fourteen days before the date so fixed. Notice of the date so fixed shall also be served on the complainant in case the complaint is not by a Court or by a Public Servant acting in his official capacity. Notice of the dates shall also be placed on the Notice Board of the Bar Council.
65. Reply by Advocate
The Advocate concerned shall be entitled to appear in person or through his Counsel and, if he desires, he may also file a reply to the allegations made against him before the Tribunal; whether or not he has already filed a reply before the Disciplinary Committee. He shall deliver such reply along with six copies to the Secretary at least seven days before the date of hearing fixed by the Tribunal and the Secretary shall deliver the copies to the Advocate-General and the complainant atleast three days before the date of hearing.
66. Procedure before Tribunal
The Tribunal shall determine the matter before it in accordance with Qanoon-e-Shahadat- Order 1984 and shall follow generally and to the extent practicable the procedure provided for trial of suits in the Civil Procedure Code 1908. The Tribunal shall also have power to call for any record of proceedings and documents from the concerning authorities and / or permit the concerning party / parties to file Affidavit for the purpose of removing any ambiguity in the interest of Justice; provided that the party affected by an Affidavit shall have the right to cross examine the deponent.
66-A. Decision of the Tribunal passed in terms of Section 43(6) of the Act shall be communicated by the Bar Council to all the other Provincial Bar Councils, District Judge / Judges concerned as well as to any other concerning relevant Bar Association / Associations and to any other concerning Authorities.
67. Records of Proceedings
(A) Bar Council shall maintain a Register containing full particulars in regard to the names of the concerning parties, decisions arrived at and concluded before the Disciplinary Committee as well as at Tribunal level. All the relevant record or such proceedings shall be preserved till the same is destroyed upon specific instructions / directions of the Bar Council in writing.