The Government of Bihar as notified its approval for dismissal of three Judges of Subordinate Courts. These three Judges are implicated in a 2013 Sex Scandal case that happened in Nepal
The General Administration Department of Government of Bihar has issued the Notification on 17.12.2020 notifying the dismissal of three Judges, as recommended by the Full Court of Patna High Court in 2014.
As per the Notification, the dismissal will be given effect from 12.02.2014 i.e. date of the recommendation of dismissal by the Full Court of Patna High Court.
These three Judicial Officers are:
- Harinivas Gupta of Samastipur Family Court,
- Jitendra Nath Singh of District and Sessions Court of Araria, and
- Komal Ram, Nawada sub-judge
Nepal Sex Scandal
In January 2014, a private Newspaper called “Udgosh” reported that in a raid conducted by the Nepal Police at Biratnagar’s Metro hotel, three Judicial Officers of India were found in indecent positions with many Women. As per the news report, these men were arrested on 24.01.2014.
On this, the Deputy Secretary to the Home Ministry wrote a letter to the Registrar General of Patna High Court to make an inquiry into the matter. Consequently, the Patna High Court directed the District and Sessions Judge of Purnea to conduct an inquiry and submit a report.
In the Inquiry report, it was stated that as per the judicial officers at the time of the incident they were in India not in Nepal. It was also mentioned that the said newspaper has also tendered an apology.
Inquiry by the Ministry of Home Affairs
But the Patna High Court disagreeing with the report referred the matter to Home Ministry for further investigation. The MHA in its inquiry found that the mobile phones of these 3 judicial officers were switched off on 26-27 January 2013 and became active in Nepa, which means that there version in false.
The report of MHA also mentioned that the Judicial Officer submitted a false bill of a Hotel in India to prove his alibi.
Considering these reports the Full Court of Patna High Court recommended for Dismissal of these 3 Judicial Officers.
Green Signal by Supreme Court
Feeling aggrieved the Judicial Officers filed a Petition in Supreme Court on the ground that they cannot be dismissed from service without holding full-fledged inquiry as provided under Article 311 of Constitution.
Initially, the Supreme Court stayed any final decision in the matter, but in 2019 a bench of Hon’ble Justice Indu Malhotra and Hon’ble Justice Sanjiv Khanna dismissed the Plea of Judicial Officers and allowed the State Government to proceed.
However, liberty was granted to challenge the notification of State Government.
Now the State Government has notified the dismissal of above three Judicial Officers.