Three Bihar judges dismissed in Nepal sex scandal case

By Law Kumar Mishra

Dec 22, 2020

Patna: The Bihar government on Tuesday finally issued orders for dismissal of three sub-ordinate court judges on charges of moral turpitude. The judges had allegedly been found involved in a sex scandal in neighbouring Nepal in 2013.They have been denied all post-retirement benefits too and would be deprived of even pension.

The general administration department of the Bihar government in its four-page order said the three judges–Hari Niwas Gupta, then principal judge; Jitendra Nath Singh, then additional sessions and district judge, and Komal Ram, then sub-Judge would not be eligible to get their allowances, salaries with retrospective effect.This is for the first time, three senior judicial officers have been dismissed on charges of moral turpitude.

According to the chargesheet submitted against the judges, immediately after the Republic Day celebrations in 2013, they escaped to Viratnagar in Nepal and occupied rooms in a hotel near the bus stand.They had crossed from Forbesganj town in Araria district.For two consecutive days-January 26 and 27, their mobiles were found switched off.

Nepal police raided the hotel and found the three judges in compromising positions with Nepalese women.They were apprehended and taken to the police station, where they revealed their identity as judges in Bihar. Later, they were freed.

However, a Nepal daily Udghosh published the entire story with police version.The three judges denied their presence in Nepal and forced the newspaper to publish an apology. However, Indian embassy in Kathmandu informed the ministry of Home Affairs.

MHA ‘s deputy secretary S M Kandwal wrote a letter to Registrar General of Patna High Coutt requesting an inquiry. District and sessions judge of Purnia Sanjay Kumar conducted an inquiry into the incident and submitted his report to Patna High Court.The three judges claimed that on January 26/27, 2013, they were in Purnia and denied reports about their presence in Viratnagar.To substantiate their claim, they submitted the bill of a hotel at Purnia. On investigation, it was found, the fabricated Bill was prepared and signed by one of the accused judges.

MHA also conducted an independent investigation and got confirmation that their mobile location on two days was not at the places of their postings.

A full bench of Patna High Court went through the inquiry report and statements of the three controversial judges, and finally it recommended their dismissal. On the instructions of the then chief justice of Patna High Court, an inquiry committee of five judges was also constituted to probe the charges against the three judges who had challenged the report of Purnia distrit judge ,who had earlier conducted an inquiry.

The three judicial officers challenged their dismissal order passed by the High Court on June 18, 2015 and claimed they were not ]heard by the court.They later approached the Supreme Court which stayed the operation of the Patna High Court order in 2015.

Justice Indu Malhotra and Justicd Sanjay Khanna of Supreme Court on November 8 ,2019 vacated the stay and upheld the verdict of Patna High Court recommending their dismissal. The SC also allowed the three judges to challenge the decision of the state government acting on High Court recommendations before Supreme Court only.

State Cabinet which had met on December 15, 2020, acted on the orders of the Supreme Court and approved recommendation of the law department to dismiss the three judicial officer, On September 3, 2020, Registrar General of Patna High Court had sent a note to law secretary with orders of Supreme Court seeking dismissal of the three judicial officers, according to the notification issued by the General Administration department.

–INDIA NEWS STREAM