Judge sacked 12 years ago in legal battle for reinstatement

Published On: October 5, 2018 05:00 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, October 5: A district court judge who was sacked by King Gyanendra 12 years ago is continuing his legal battle for reinstatement.

The Supreme Court on Thursday gave permission to reopen a review petition by Ganesh Panjiyar, the judge sacked by the king on March 17, 2006, on the recommendation of the Judicial Council.

A seven-member larger full bench of the Supreme Court comprising Chief Justice Om Prakash Mishra and Justices Cholendra SJB Rana, Deepak Kumar Karki, Kedar Prasad Chalise, Anil Kumar Sinha, Prakash Man Singh Raut and Sapana Pradhan Malla issued a mandamus order in response to Panjiyar's petition.

Panjiyar had moved the apex court three years ago, but a three-member full bench declined to entertain his petition.

On March 17, 2006, the king had sacked three district court judges including Panjiyar, as per the recommendation of the Judicial Council, which is led by the chief justice. Dilip Kumar Paudel was chief justice at the time.

Out of the three sacked judges, Chitra Dev Joshi won his case at the Supreme Court some five years ago. But a second judge, Kedar Prasad Pyakurel, did not challenge his dismissal. Joshi was allegedly sacked for publicly criticizing the king's takeover, while the other two —Panjiyar and Pyakurel — were sacked on grounds of misconduct.

The Judicial Council had recommended the dismissal of the judges following an investigation.

Joshi's posting was in Lamjung, while Pyakurel and Panjiyar were in Morang and Dhanusha respectively. The Judicial Council summoned them to the Supreme Court to initiate the investigations.

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