KATHMANDU: The Judicial Council (JC) has recommended the sacking of the then Judge Nar Bahadur Sahi of Pokhara High Court for hearing a case by breaching the jurisdiction of the case.
A meeting of the council on Thursday took a decision to that effect.
With the recommendation, Chief Justice Cholendra Shumsher JBR will dismiss the Judge from the service.
The Supreme Court (SC) on July 25 had ordered to take action against three judges of Pokhara High Court for breaching the court’s jurisdiction. A single bench of Chief Justice Cholendra Shumsher Rana had ordered to take action on the judges for issuing an interim order in the name of the Bharatpur-based Inland Revenue Office.
The apex court had also ordered to seek a copy of an order made by judges Jeevan Hari Adhikari, Sahi and Ram Chandra Yadav on June 3 and June 26. SC had maintained that the judges issued a stay order going against the provincial jurisdiction of the high court. Judge Adhikari has resigned already.
The Inland Revenue Office, Bharatpur had issued a notice to Gorkha Brewery asking to pay Rs 888.1 million in excise duty.
Gorkha Brewery had moved Pokhara High Court filing a writ on June 2 demanding to quash the notice. After a preliminary hearing on the court, a single bench of judge Ram Chandra Yadav had issued an interim order in the name of Inland Revenue Office, Bharatpur not to implement the decision to determine the excise duty.
On June 16, as per the roster, the case was allocated to the joint bench of Chief Judge Yagya Prasad Bashyal and Jeevan Hari Adhikari. Chief Judge Bashyal refused to hear the case as advocate Sharmila Gautam of the plaintiff is his relative.
Later on June 26, a joint bench of judges Jeevan Hari Adhikari and Nar Bahadur Shahi stayed the decision of the revenue office. Disagreed by the decision, Inland Revenue Department and Inland Revenue Office on July 23 had moved the apex court.
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