KATHMANDU, Aug 26: Another tainted judge Ram Chandra Yadav of Pokhara High Court tendered his resignation before Chief Justice Cholendra SJB Rana apparently to evade action for issuing erroneous verdicts.
Judge Yadav chose to resign from his post immediately after another judge Jiwan Hari Adhikri, who also faced the same allegation, tendered his resigned on August 19.
Sources claimed that Judge Yadav tendered his resignation with an intention to evade action from the Judicial Council.
Tainted judge Adhikari resigns over controversial judgment
Adhikari in his resignation stated that he never faced any controversy in his forty-year long career but some people tried to drag him into controversy just a few months before his retirement.
On July 30, the JC headed by Chief Justice Rana had formed a probe panel under the coordination of Supreme Court Justice Sapana Pradhan Malla to investigate into the erroneous verdicts issued by three judges including Yadav at Pokhara High Court.
The Malla-led panel had been investigating on Adhikari, Yadav and judge Nara Bahadur Shahi over the verdicts they issued in relation to a tax evasion case concerning Gorkha Brewery, which allegedly evaded millions of rupees in taxes.
The JC had formed the probe panel days after the Supreme Court ordered action against the judges for going beyond their jurisdiction. On July 24, a single bench of Chief Justice Rana had ordered the JC to take action against the high court judges for issuing orders that go beyond their jurisdiction.
CJ's bench had also stayed an interim order issued by the judges and directed action against them for unduly favoring Gorkha Brewery in a tax-related case.
Yadav had first issued an interim order, which was later upheld by a division bench of Judges Adhikari and Shahi. Chief Judge Yagya Basyal has also been facing the same allegations.
Gorkha Brewery should have registered its writ petition at Patan High Court or its Hetauda bench, as the company falls in Province 3. But it chose to file petition at Pokhara High Court, which then ruled in its favor. This has raised several questions over the integrity of judges concerned.
The issue came to light after the Inland Revenue Office, Bharatpur challenged the Pokhara High Court verdict at the apex court, claiming that the high court had acted erroneously.
