KATHMANDU, Nov 25: The Supreme Court (SC) has ruled that the previous verdict acquitting corruption involving the Proficiency Certificate Level (PCL) certificate of the Chief District Officer (CDO) of the District Administration Office, Kathmandu, was flawed.
The bench of Justices - Prakash Kumar Dhungana, Til Prasad Shrestha, Binod Sharma, Mahesh Sharma Poudel, Tek Prasad Dhungana -while interpreting a different case, concluded that the previous judgment was flawed. The SC published the full report of the judgment on July 4, 2024 with its explanation.
In the case related to fake educational certificates, the SC referenced the case of Jay Narayan Acharya while providing an interpretation in its ruling. However, the bench did not provide an interpretation in Acharya’s own case.
Neer Bahadur Adhikari, a Sub-Inspector of Police, filed an appeal in the apex Court challenging the corruption case involving fake educational certificates.
Adhikari filed a writ petition against Jay Narayan Acharya with the claim that there was a legal complication due to different interpretations of the Nepal government. The apex court, while interpreting the case, concluded that the previous decision reached by the bench was not grounded fully on judicial rigor.
The SC recent verdict mentioned, “In the case against Jay Narayan Acharya, he submitted a false intermediate certificate obtained from India in 1995 (2052 BS), and later achieved a higher educational qualification equivalent to a bachelor’s degree in education (BEd) in 2057 BS. Based on the certificate obtained after passing the IE exam in the year 2057 BS, it cannot be established that the educational qualification of the BEd has gained legal validity.”
The bench concluded that the false certificate of the proficiency certificate level was submitted for the preliminary examination of branch officers of the Public Service Commission (PSC) of 2057 and entered the service after passing the examination.
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The SC stated in its verdict, “In such a situation the individual submitted a false certificate of intermediate education to gain a higher educational qualification, received benefits and also submitted the same false certificate for the branch officer preliminary examination. Looking at the nature of both cases, such action can be concluded as corruption-related.
The apex court has concluded that continuing with the interpretation established in that matter is not appropriate and lawful. “Therefore, based on the decision of the Nepal Government case and the interpretation made in that decision, the decision of the full bench should be invalidated with effect from today’s date without adversely affecting the judgments that have been finalized before,” mentioned the SC.
The case of Jay Narayan, who is currently the CDO, seems to have started from the year 2060 BS. After Jay Narayan passed the PSC exam, a complaint was filed in the Commission for the Investigation of Abuse of Authority (CIAA) on the charge of bringing a forged certificate of proficiency certificate from India.
Pawan Kumar Neupane filed a complaint with the CIAA on October 24, 2003 stating that Acharya, who passed the open competition for the position of Branch Officer from the PSC, should face legal action because he had submitted an intermediate examination certificate obtained from India. Acharya had joined the government job from February 19, 2003 as a branch officer.
Following that, during the investigation by the CIAA, the Office of Controller of Examinations sent a letter to the CIAA on April 5, 2004, stating that it had received a statement from the Education Council of India that “Examination: intermediate… not as expected.” After that, the CIAA registered a corruption case in the special court for using fake certificates.
Special Court acquits accused in 2066 BS
The Special Court had acquitted the accused in the corruption case filed by the CIAA. The bench of the then Special Court Chairman Gauri Bahadur Karki and judges Bhola Prasad Kharel and Om Prakash Mishra issued verdict on May 31 2009.
The special court ruled that Jay Narayan joined the position of Branch Officer by submitting a certificate proving that he had passed the BED exam from Tribhuvan University, not based on the disputed certificate of the Intermediate exam.
The Special court’s decision stated that if a person has passed exams such as the SLC, certificate level, BED, MEd, MA, and LLB conducted in Nepal, without obtaining a fake certificate for the purpose of acquiring a position or promotion, they are deemed to be acquitted of the crime.”
Apex court overturns special court verdict in 2073 BS
An appeal was filed in the SC against the decision of the special court. On March 7, 2017, a joint bench of Justice Ananda Mohan Bhattarai and Justice Sapana Pradhan Malla concluded that the decision of the special court was flawed.
The SC stated in its verdict, “When the proposed principle is flawed, the decision of the special court is considered to be overturned. Therefore, Jay Narayan will be liable to a fine of Rs 500 as per Section 12 and 29 of the prevailing Corruption Prevention Act, 2017.”
SC acquits Jay Narayan
Jay Narayan again filed an appeal in the SC against its decision overturning the decision of the special court. On February 1, 2018, the full bench of Justices Deepak Raj Joshi, Prakash Man Singh Raut, Dambar Bahadur Shahi acquitted the accused concluding that no official benefits were granted based on the disputed proficiency certificate.
“It appears that he was appointed to the post of Deputy Secretary and Joint Secretary by participating in the PSC examination based on the educational qualification higher than the BEd degree obtained from Nepal,” the SC mentioned in the judgment, “ It cannot be said that the appellant defendant has gained official benefits from the disputed certificate.”
The SC acquitted Jay Narayan stating that he had not submitted any fake certificates for the purpose of gaining a position, office, or promotion.
The full bench said “It is considered that Jay Narayan will be acquitted of the alleged offense as it is seen that he has passed the SLC, certificate level, BEd, MEd, MA and LLB exams from Nepal. The decision of the first special court Kathmandu on May 31, 2009 has been considered to be upheld.”
On the other hand, Jay Narayan released a statement in the special court that he passed SLC from Jumla in 2049 BS, Intermediate from Uttar Pradesh madhyamik shiksha parishad India in 2052 and Certificate level in 2057, Graduate level in 2057 and Masters Level in 2059 from Tribhuvan University.
Jay Narayan stated in the court, “The allegation made against me is false. There is no competition for the post of Branch Officer on the basis of an intermediate certificate. That is based on the graduation certificate. In addition to receiving an intermediate certificate from India, I have also passed and obtained certificates up to the required level from Nepal. The certificate I obtained from India was not presented for the purpose of service entry. I should be given a clean chit.”
