KBA suspends advocate for indiscipline

KANPUR: The disciplinary committee of Bar Council of UP has suspended Ganesh Kumar Dixit, president of Kanpur Bar Association (KBA) from practice.
The disciplinary committee has also observed in the order, which was received by the office of district judge, Kanpur Nagar, on Wednesday that two other advocates, Manju Pandey and Rama Gupta, were hereby warned for maintaining good behaviour and shall be under observation for six months.
The order which was passed by the disciplinary committee on July 23, 2009, clearly mentioned that the order would be effective from the date of communication.
The disciplinary committee had passed the above order on complaint of S Z Siddiqui, the then additional district and sessions judge first of Kanpur Nagar. The judge in his complaint to the Bar Council of UP had stated that on June 18, 2008, he was working as in charge district judge and was hearing bail applications when Manju Pandey, Rama Gupta, in charge president and general secretary of KBA with the help of Ganesh Kumar Dixit, advocate, who were opposing the elections, make comments, use filthy language and make vulgar allegations against the court. They even asked the lawyers not to attend the court.
The presiding officer made his complaint on June 18, 2008 before the Bar Council of UP and sent copies of order sheets of some cases in which he had clearly mentioned how advocates were obstructing the court work and passing vulgar comments. He sought action under section 35 of the Advocates Act against the advocates. Bar Council of UP received it and referred the matter to the disciplinary committee on July 18, 2008.
All the advocates -- Manju Pandey, Rama Gupta and Ganesh Kumar Dixit -- appeared before the disciplinary committee and presented their defense. They claimed they were trying to convey the anger of the advocates on the issue.
However, the disciplinary committee passed the order against them and punished Ganesh kumar Dixit with a suspension of three months from regular practice and warned two other lady advocates. Though the order was passed by the disciplinary committee on July 23, 2009 but it was communicated to the district judge on September 24, 2009.
Ganesh Kumar Dixit, talking to TOI, said that he had not received any communication to that effect so far. If there was any such order, then he would definitely defend himself and make appeal against that.
Another question that crops us is that is it sheer manipulation or a mistake committed by the Bar Council of UP.
The suspension order of Ganesh Kumar Dixit was communicated by the Bar Council of UP twice to the district judge, Kanpur Nagar.
At first, the communication was sent to the residence of the district and sessions judge, Kanpur Nagar, Subhash Chandra on September 23 which stated that Ganesh Kumar Dixit has been suspended for two months whereas the second communication which was sent to the office of district judge Kanpur Nagar on September 24 clearly stated that suspension period was of three months. The communication which was received at the office was a copy of full order while communication received at residence of district judge was of one page and that was last page of the order .
Noticing the difference in two communications, the district judge, Subhash Chandra said that he would seek clarification from Bar Council of UP about which copy of the order was correct and pass orders accordingly.