CHENNAI: In the wake of a Madras HC order imposing Rs 1 lakh penalty on Puducherry-based lawyer T Gandhi Das for professional misconduct, the disciplinary committee of the Bar Council of Tamil Nadu and Puducherry has recommended to the secretary to remove his name from the council’s rolls.
The committee, presided over by J Pricilla Pandian and consisting of K Kathiravan and A Kingsly Jerald, said Gandhi Das failed to get the compensation of Rs 1.20 crore for his client Pharamond Dit D’Costa Antoine awarded by the motor accident claims’ tribunal, Puducherry, on June 13, 2006. Besides, Gandhi Das demanded a fee of Rs 66 lakh and filed three suits against Antoine who later lodged a complaint with the Bar Council. However, the two parties arrived at a compromise before the Bar Council with the lawyer agreeing to receive Rs 10 lakh as advocate fee towards a full and final settlement.
Antoine made payments in four instalments and a memorandum of compromise was signed on April 13, 2014 following which Antoine’s complaint and the suits filed by Gandhi Das were withdrawn. However, Das filed another suit as an indigent person against his client claiming compensation of Rs 72 lakh. Antoine then filed a civil revision petition in the HC.
In August, Justice M Govindaraj found some illegality in the advocate’s claim and citing some SC judgements, observed, “If he continues to practise, it will amount to polluting the sacred system of administration of justice and the noble profession.”
The judge also ordered that the compensation be deposited to the victim compensation fund. Gandhi Das argued at the bar council that he was entitled to making the claim and had been paid only Rs 38,000 by the client. He also said that the entire complaint against him by the client was false.