KATHMANDU: A judge of Pokhara High Court facing a probe for making an order breaching the jurisdiction of the court has resigned.
Judge Jeevan Hari Adhikari on Sunday handed over his resignation to Chief Justice Cholendra Shumsher Rana.
Responding over a writ, the Supreme Court (SC) on July 25 had ordered to investigate over three judges of Pokhara High Court including Adhikari for breaching the court’s jurisdiction.
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.
Responding to the writ, a bench of Chief Justice Rana had ordered not to implement the high court’s order. Likewise, the bench also ordered to obtain a copy of the decision to take action on the judges for breaching the court’s jurisdiction.
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