Don't Charge Enhanced Fee On Complaints Against Advocates Until Approval By BCI, Return Excess Collection: Uttarakhand HC To State Bar Council

In an important development, the Uttarakhand High Court has asked the State Bar Council to not give effect to a notification where it had increased the fees from Rs. 1,700/- to Rs. 5,500/- for initiating disciplinary cases against the Advocates under the Advocates Act, 1961.

The Court ordered that the State Bar Council can only charge Rs. 1,700/- for entertaining a complaint seeking an initiating of a disciplinary case against the Advocate unless the proposal of the State Bar Council to increase the fees is approved by the Bar Council of India.

Since, the State Bar Council's proposal to increase the fees was kept pending with the Bar Council of India, and it was assured by the State Bar Council that the enhanced fees would not be charged, the bench comprising Chief Justice Ritu Bahri and Justice Alok Kumar Verma directed the State Bar Council to refund the excess fees collected from the complainants.

A PIL was filed by the retired government teacher cum social welfare activist who was aggrieved by a Resolution passed in the Bar Council of Uttarakhand (Annexure No. 1), whereby they have increased the fixed fee, for initiating disciplinary cases against the Advocates, from Rs. 1750 to Rs. 5500.

Petitioner placed on record the Bar Council of India Rules, Part VIII which stated that the State Bar Councils cannot charge more fees than decided by the Bar Council of India (BCI) otherwise such levy of fees by the State Bar Councils would be violative of provisions of Section 6(1)(c) of the Advocates Act, 1961.

The BCI in its response stated that it has permitted the State Bar Councils to charge a fee of Rs. 1,700/- for initiating a disciplinary case against the Advocate.

However, contrary to the fee decided by the BCI the Uttarakhand State Bar Council enhanced the fees from Rs. 1,700/- to Rs. 5,500/- and charged enhanced fees from the 20 complainants who wished to file a disciplinary complaint against the Advocates.

After taking into account the statement made by the State Bar Council that the enhanced fee would not be charged from the complainants unless the proposal to increase the fee gets BCI's approval, the Court disposed of the PIL with the following observation:

“Pending the decision of the Bar Council of India on the Resolutions – Annexure No. 1, the complaints against the Advocates will be entertained only on the payment of fee of Rs. 1750. A further direction is being given that, with regard to the 20 complainants, who have paid Rs. 5500 towards fee, steps will be taken by the Bar Council of Uttarakhand to return the remaining amount to all the 20 complainants after deducting Rs. 1750 from Rs. 5500.”, the court ordered.

Case Title: Satya Dev Tyagi Versus State of Uttarakhand and others., WRIT PETITION (PIL) No. 76 OF 2023

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