5.

Facts: In the present case Tony (55 years), a graduate in commerce was working in State
Bank of India. While posted in Delhi during 2000 to 2005, he completed his LL B (three years)
from Law Centre II, Faculty of Law, University of Delhi. On 1st April, 2017, Tony went to a
party, the party went on till late night and Tony was overdrunk. Next day morning Tony could
not get up on time and hence did not reach the bank on time. Since he used to keep the keys of
the main gate, the bank could not open, this resulted in huge inconvenience to the staff as well as
the valued customers of the bank. Mr. Khurram Khan, came to know about this and ordered an
inquiry. Based on the finding and recommendation of the Inquiry Committee, Tony was
dismissed from State Bank of India on June 20, 2018

After his dismissal, Tony applied for registration as an Advocate to the Bar Council of Delhi,
which rejected his application for enrolment on June 20, 2020 due to his dismissal from State
Bank of India.

 Whether the Bar Council of Delhi justified in rejecting the application of Tony for
enrolment in BCD?
Section 24A of the Advocates act talks about Disqualification for enrolment it says that “no
person shall be admitted as an advocate on a State roll if he is dismissed or removed from
employment or office under the State on any charge involving moral turpitude”. Further the
proviso to the section says that “the disqualification for enrolment as aforesaid shall cease to
have effect after a period of two years has elapsed since his release or dismissal or, as the case
may be, removal.” As SBI is a ‘state’ therefore we can totally apply section 24A in the present
case.

In this case Tony made application to the bar council on June 20, 2020 which was exactly 2
years after dismissal from SBI which happened on June 20, 2018. Section 24A says that “the
disqualification for enrolment as shall cease to have effect after a period of two years has elapsed
since his release or dismissal or, as the case may be, removal.” as the period of two years has
been passed Tony is no more disqualified for enrolment as according to the Section 24A of the
Advocates act. Therefore, the bar council of Delhi is not at all justified in rejecting the Tony’s
application on the ground of his dismissal from SBI
 Tony was disqualified from the State Bank of India on June 20, 2018 and after his dismissal,
Tony applied for registration as an Advocate to the Bar Council of Delhi, which rejected his
application for enrolment on June 20, 2020

In A. Bala Kameswara Rao vs Bar Council Of The State Of Andhra Pradesh the hon’ble
court