SC orders to take action on three judges of Pokhara High Court « Khabarhub
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SC orders to take action on three judges of Pokhara High Court

25 July 2019  

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KATHMANDU: The Supreme Court (SC) has 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 on Wednesday ordered to take action on the judges for issuing an interim order in the name of Bharatpur-based Inland Revenue Office.

The apex court also ordered to seek a copy of an order made by judges Jeevan Hari Adhikari, Nar Bahadur Sahi and Ram Chandra Yadav on June 3 and June 26. SC maintained that the judges issued a stay order going against the provincial jurisdiction of the high court.

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 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.

Publish Date : 25 July 2019 18:28 PM

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