Rajendra V Pai vs Alex Fernandes

Case Brief: Rajendra V Pai vs Alex Fernandes

Citation: Appeal (Civil) 6142-6144 of 2001, (2002) 4 SCC 212

Court: Supreme Court of India

Judges: Justice R. C. Lahoti, Justice P. Venkataram Reddi

Date of Decision: April 9, 2002

Parties:

Appellant: Rajendra V. Pai

Respondent: Alex Fernandes and others

Facts of Rajendra V Pai vs Alex Fernandes

Approximately 150 villagers had their lands acquired by the government for public purposes. The appellant, Rajendra V. Pai, was an advocate and personally interested in defending against the acquisition of land belonging to his family and other villagers.

Villagers confided in the appellant to contest the land acquisition proceedings for a reasonable and fair quantum of compensation. Three complainants out of the 150 villagers filed complaints against the appellant for professional misconduct.

Allegations included soliciting professional work, settling contingent fees based on compensation and false identification in opening a bank account for compensation withdrawal. The Disciplinary Committee of the State Bar Council found the appellant guilty of professional misconduct under Section 35 of the Advocates Act and directed the removal of his name from the roll of advocates.

The Bar Council of India confirmed the order of the State Bar Council, debarring the appellant from practising for life. The appellant appealed to the Supreme Court under Section 38 of the Advocates Act.

Issues Raised

The issues raised in Rajendra V Pai vs Alex Fernandes were:

• Whether the orders passed by the State Bar Council of Maharashtra and Goa and the Bar Council of India are valid.
• Whether the punishment is commensurate with the gravity of professional misconduct.

Arguments

The appellant contended that the villagers had voluntarily confided in him because he was an advocate looking after litigation relating to his family land.

The appellant argued that the villagers had voluntarily agreed to contribute to the expenses of litigation.

The appellant denied the charges of false identification in opening the bank account.

Rajendra V Pai vs Alex Fernandes Judgement

The Supreme Court in Rajendra V Pai vs Alex Fernandes held that there was sufficient oral and documentary evidence of gross professional misconduct. However, the punishment of debarring the appellant for life was disproportionate to the facts and circumstances of the case.

The Court in Rajendra V Pai vs Alex Fernandes modified the punishment, suspending the appellant from practice for a period of seven years.

Reasoning

The Court acknowledged the seriousness of the misconduct but considered the appellant’s personal circumstances and the fact that only three out of 150 villagers had complained against him. The Court in Rajendra V Pai v Alex Fernandes emphasised that debarring a person from pursuing their career for life is an extreme punishment and should be approached with caution.

The Court found that a seven-year suspension from practice would meet the ends of justice without completely ruining the appellant’s career and livelihood.

Conclusion

The Supreme Court in Rajendra V Pai v. Alex Fernandes, while acknowledging the gravity of the professional misconduct, held that the punishment of debarring the appellant for life was disproportionate. The Court modified the punishment, suspending the appellant from practice for a period of seven years.