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Thread: Order copy from Bar council of Delhi

  1. #1
    Iqbal Singh
    Rep Power

    Order copy from Bar council of Delhi

    Please take the note of the following,
    1. On 9-10-2014 a complaint against Advocate A. enrolment no. D/000/2006, was submitted at Bar council of Delhi, 2/6, Siri Fort Institutional Area, New Delhi-110049 and was given complaint no 148/2014.

    2. A letter no 228/SFC/2015 dated 28-2-2015 received informing date Preliminary Hearing of the complaint no. 148/2014 on 13-3-2015 at 430pm at branch office at Bar Council Of Delhi,2/6, Siri Fort Institutional Area, New Delhi.

    3. I attended the meeting with my wife on 13-3-2015 at 430pm, but no hearing was made instead within seconds we were told that information will be given within days.

    4. Nothing happens for few months then a RTI thru letter ref no. IS/2015/05/01 dated 28-5-2015 was made send via speed post no.Ed624131775IN which was delivered on 29-5-2015.

    5. No reply is received then on 31-7-2015 a RTI was written to First Appellate Authority letter ref. no IS/2015/07/01 via speed post no. ED653762822IN which was delivered on 3-8-2015.

    6. On 19-8-2015 a letter ref no.1009/SF/2015 dated 30-7-2015 was received from 'Acting CPIO' informing that complaint no 148/2014 is dismissed.(without order copy)

    7. On 21-8-2015 a letter ref no. IS/2015/08/01 was written to PIO, Bar council of Delhi with reference to their letter ref. no. 1009/SF/2015 & asked for Certified order copy , rule under which complaint is dismissed & where else Review Petition can be filed, via speed post ref. no. ED608512506IN, which was delivered on 25-8-2015.

    8. An 'e- mail' reply on 31-8-2015 was received from Mr. Vinod K Sharma (Admn. Incharge) Bar council of Delhi informing ' Detailed Order Copy as soon as will be ready, will be Dispatched to you' & i may approach Bar Council of India for Review Petition.

    9. On 12-9-2015 a RTI letter ref. no. IS/2015/09/01 was written to 'PIO' Bar Council of Delhi for number of days/months Delhi Bar Council has taken to for Order Copy for complaint against an Advocate, via speed post ref. no. ED654386840IN which was delivered on 14-9-2015.

    10. On 13-10-2015 a letter ref. no. IS/2015/10/00 was written to the chairman/Hony. Secretary Bar Council of Delhi regarding complaint no. 148/2014 & non receipt of 'Order Copy' so that Revision Petition cannot be filled with cc to Bar council of India, The Prime Minister of India & Ministry of Law & Justice by speed post no. ED592736150IN on 13-10-2015 which was delivered on 14-10-2015 to bar council of Delhi & speed post no. ED592736177IN to Bar council of India delivered on 14-10-2015, speed post ref. no. ED592736115IN to The P.M of India , delivered on 15-10-2015 & speed post no. ED592736146IN to Ministry of Law & Justice, delivered on 14-10-2015.

    11. On 31-10-2015 a letter ref. no. IS/2015/10/02 to the First Appellate Authority, Bar council of Delhi was written for non receipt of RTI reply of letter ref. no. IS/2015/09/01 dated 12/09/2015 by speed post no. ED755116033IN which was delivered on 2-11-2015.

    12. On 1-12-2015 on my visit to Bar Council of Delhi i was told to deposit Rs. 50/-(fifty) for the ' FEE" for certified order copy for complaint no 148/2014, which i did & bar council issued receipt no 10065 dated 01/12/2015.

    13. On 1-12-2015 a letter ref. no. IS/2015/12/01 to Second Appellate authority was written with remark of no reply received of my RTI application no. IS/2015/09/01 dated 12-09-2015 to PIO & ref. no. IS/2015/10/02 dated 31-10-2015 to First Appellate Authority.

    14. Again on 5-1-2016 a letter ref. no. IS/2016/01/01 was written to PIO bar Council of Delhi for supply of 'Certified Order Copy' of Complaint no: 148/2014, via speed post no. ED 954316759IN, delivered on 8-1-2016 with cc to Bar council of India, Chief Justice of India, Minister of Law & Justice & The Prime Minister of India( PMOPG/E/2016/0007762).

    15. On 23-1-2016 a copy of letter ref. no. BCID:75/016 dated 7-1-2016 received from Bar Council of India for Secretary Bar council of Delhi with Sub: Representation received from individuals.

    16. On 4-3-2016 a letter ref. no IS/2016/03/03 an RTI (urgent category) to PIO Bar Council of Delhi for order copy via speed post no. ED969536570IN delivered on 5-3-2016.

    17. On 4-3-2016 a letter ref. no. IS/2016/03/02 to Bar Council of India informing that no communication is received from Bar council of Delhi in reply to their letter ref. no. 75/016 dated 7-1-2015 via speed post no. ED969536699IN delivered on 5-3-2016.

    18. On 5-4-2016 a letter ref. no. IS/2016/04/12 to 'First Appellate Authority' Bar council of Delhi with sub: RTI(urgent category) for not receipt of reply for RTI letter to PIO bar council of Delhi ref. no. IS/2016/03/03 dated 4-3-2016, & requested to provide me the required information in stipulated time frame as per RTI act.

    19. On 26-5-2016 a copy of letter ref. no. A-60011/5/2015-P.G Cell dated 16-11-2015 from Ministry of Law & Justice, Department of Legal Affairs with "sub: Representation received from individuals was received for Bar council of India.

    20. On 15-6-2016 a 'Notice for Hearing on 20-6-2016' dated 11-6-2016 is received from CIC(file no. CIC/SA/A/2016/001072).

    21. On 20-6-2016 hearing was held at "CIC" in which Public Authority( Bar council of Delhi) was "ABSENT". Decision was given.

    22. On 18-7-2016 a letter ref. no. IS/2016/07/29 was written to PIO, Bar council of Delhi with sub: reminder of certified order copy of complaint no. 148/2014 as per "DECISION" of CIC with cc to First Appellate Authority & CIC via speed post no. ED096531060IN.

    23. On 30-7-2016 a letter ref. no. 1149/SF/2016 dated 27-7-2016 is received from Bar council of Delhi in reply to CIC order for file no CIC/SA/A/2016/001072.

    Please note - even after the reminders / instructions from law ministries, PM office and RTI the Bar council of Delhi has taken sixteen month and 17 days to give order copy , so that revision petition cannot be made to bar council of india, of a complaint which was dismiss by them.




  2. #2

    Re: Order copy from Bar council of Delhi

    This is on positive side.
    But what Bar council of India and their redressal mechanism disclose ?
    Can any member of BCI tolerate this if the same kind of instance happens to him from other Public Authority ?

    It is most unfortunate that when a complaint is made in writing to a public authority, it is taken as leniently as possible, and every thing is being done silently, and till one files RTI Application, then only authorities disclose in one sentence that the complaint was lodged or closed.

    I do not know whether BCI order was a 'Speaking order' or not. Even genuine complaints supported by documentary evidences are being simply closed by several public authorities and complainant is not made a party in any where of the proceedings. The procedure is against principles of natural justice.

    Regarding your specific issue, the date of receipt of order copy has to be considered for limitation period for further action / appeal.
    Members may not be aware of your age, but every one must appreciate the perseverance and tenacity in handling the issue till a logical end is arrived.

  3. #3

    Re: Order copy from Bar council of Delhi

    Your RTI issue attained finality with the order of CIC and supply of information by CPIO.

    You may now file Appeal against the decision of Bar Council of Delhi before BCI. State that the certified copy of the order passed by the BCD was received only on ............. and the appeal is within limitation. Don't jump into conclusions about the possible decision of BCI. Let the BCI decide your Appeal.
    Satyameva Jayate सत्यमेव जयते

  4. #4
    Iqbal Singh
    Rep Power

    Re: Order copy from Bar council of Delhi

    already file a revision petition with bar council of india on 23-08-2016.

    waiting for reply and decision of bar council of india.

    hoping that BCI will give instructions to BCD as per law to take action and dismiss the office bearers of BCD for deliberately delaying the order copy so that revision petition cannot be filled.

  5. #5

    Re: Order copy from Bar council of Delhi

    Never expect that from BCI or BCD or for that matter from any public authority that the concerned will be dismissed, as you will be disappointed with the outcome after such struggle.
    The maximum they can do is orally say them sorry and then in writing Warn in very serious issues, if they are at fault on strong grounds. If they are minor, they will simply agree with them (All are from same profession)
    You have done your duty, they have shown their own colors. That is all.

    Please remember that you can continue the struggle by filing on line grievance in concerned Ministry (pgrms on line portal) and prolong till the bill takes into the shape of Act. Once the Citizen Charter comes into force, you have got a most powerful remedy then.


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