Team  SoOLEGAL

WHEN ENTERED INTO FULL TIME SALARIED EMPLOYMENT, ADVOCATE LOSES RIGHT TO PRACTICE: Allahabad High Court

Team SoOLEGAL 18 Apr 2019 10:07am

WHEN ENTERED INTO FULL TIME SALARIED EMPLOYMENT, ADVOCATE LOSES RIGHT TO PRACTICE: Allahabad High Court

While considering plea of the appellants, the Allahabad High Court made a note to Rule 49 of the Bar Council of India Rules and observed that by virtue of such rule, an advocate is completely prohibited from taking any full time employment during his continuance of practice and provides that if he so takes up employment, he shall inform the Bar Council whereupon he shall cease to be in practice as an advocate so long his employment continues. Thus, as soon as the advocate gets enrolled with the Bar Council of India and takes up full time salaried employment, this seizes him to practice as an advocate.

The Court observed that a period of full time employment as Law Officer with the Bank despite his appearance before the court as part of the service condition would not make him a practicing advocate for the purpose of selection/appointment as District Judge. The bench also differed the present case with the judgment of Supreme Court in Deepak Aggarwal Vs. Keshav Kaushik.
In the present case, High Court was approached by 2 candidates for Uttar Pradesh Higher Judicial Service Examination-2018 and challenged their candidature's rejection on the ground that they are in full time employment as Law Officers in Banks.
The Allahabad High Court bench comprising of Justice Pankaj Mithal and Justice Saumitra Dayal Singh dismissed the writ petition and emphasized on the need to have sufficient experience as Advocate to become a judge. It said:

"An advocate is a responsible officer of the Court. He is as important as a Judge in the matter of dispensation of justice. He is virtually a minister of justice equally in line with a Judge. He acquires the skills of advocacy by experience and it is often said that at times experience is much more important than knowledge. It is more true in the profession of law wherein devotion to higher cause, the cause of truth and justice is more vital. One gains knowledge through experience by regular practice which cannot be acquired otherwise while in employment or by appearance in some stray cases. It is therefore elementary for holding the post of DJ/UPHJS to have atleast 7 years of actual standing as an advocate and not the theoretic knowledge of law as in full time employment."

Tagged: Allahabad High Court   Rule 49   Bar Council of India Rules   Salaried Employment  
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