In Re: Sri R.K. Aiyar, Advocate

Alfred Henry Lionel Leach, C.J.—The respondent is an Advocate practising in the Madura District. He has been charged with professional

misconduct in that he wrote a letter to a clerk of the Sub-Magistrate of Manaparai in the Trichinopoly District asking in effect that the return of

money, jewels and a wrist watch to his clients should be dealt with urgently. They were entitled to the return of the money and the articles. In fact

an application had been made to the District Magistrate for an order directing their return and this order had been passed. The letter complained of

is dated 18th May, 1938 and is in these terms:

My dear brother,

I pray that you will be blessed with welfare, riches and good luck. I have herewith enclosed a memo. Yesterday, I have sent a memo. You should

immediately send the documents referred to in these two memos to the Treasury Office at Kulittalai (for reference and return); further, I request

you much to send me immediately ,the order directing the return of money to the petitioners. You must excuse me for the trouble. I feel very

grateful for the help rendered by you till now and for the same to be rendered in future. I pray that God will bless you with long life and prosperity.

The Sub-Magistrate opened the cover and it was in this way that the letter came to light. The inquiry into the respondent''s conduct was

conducted by the District Judge of Trichinopoly and he has submitted a report in which he has expressed the opinion that the respondent has not

been guilty of professional misconduct. The District Judge has gone so far as to say that there was nothing improper on the part of the Advocate in

requesting the clerk to expedite the despatch of the refund order to enable his clients ""to get a refund of the money which they were legitimately

entitled to get.

It is manifest that it is improper for an Advocate to address a letter to a clerk in a Magistrate''s Office asking that an application filed by him

should be dealt with urgently. The proper course for the respondent was, if. there was any delay, to .bring the matter to the notice of the Sub-

Magistrate himself. If such letters were allowed there is no knowing to what it might lead. We will assume that the respondent did not intend

anything improper, but he must have realised that what he was doing was improper. He has apologised and therefore we consider that the case will

be met by censuring him for his conduct. It must be clearly understood that in future a case of this nature will not be so leniently dealt with.