The Rajasthan High Court has stayed the operation of an order passed by the Central Administrative Tribunal (CAT), Jaipur, which recorded a finding of “misconduct” against an advocate for seeking interim relief on behalf of her client and imposed costs of ₹7,000.

The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja passed the order while hearing a petition filed by the advocate against the Navodaya Vidyalaya Samiti.

It was submitted that the advocate who was 20 years into the profession, was representing her client, before the Tribunal, who was working as an electrician-cum-plumber with the respondent and had challenged his transfer order.

The notices were issued by the Tribunal, and time was granted to the respondent for filing a reply. At this time, the petitioner prayed for an appropriate interim relief in favour of her client.

However, as alleged in the petition, the Tribunal, instead of either refusing or accepting the prayer, recorded a finding of misconduct on part of the petitioner and saddled a fine of Rs. 7,000/- to be deposited in the PM relief fund.

The Tribunal allegedly had concluded that the petitioner tried to intimidate the court or compelled it to pass the necessary interim order.

This order was challenged by the petitioner on the ground that it was the duty of every advocate to protect the interests of her client and make prayer for appropriate interim relief. Such prayer, in itself, could not be labelled as misconduct.

Further, the petition submits that the Tribunal or any court was not competent to conclude misconduct on part of an advocate. Such conclusion could only be reached by the disciplinary committee of the State Bar Council after initiation of valid proceedings under the Advocates Act, 1961. Hence, it has been argued that the Tribunal lacked competence or jurisdiction to give this order.

The petition also argues that since no show cause notice or opportunity of hearing was provided to the advocate before recording the finding of misconduct, there was gross violation of principles of natural justice. Hence, it was prayed that the Tribunal's order, to the extent of recording of misconduct and imposition of fine, be set aside.

In this background, the Court issued notices to the respondent and stayed the operation of the challenged order.

The matter shall be next heard on September 23, 2026.

Title: Kavita Bhati v the Commissioner, Navodaya Vidyalaya Samiti

For petitioners: Mr. Sunil Samdaria

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