Law Kumar Mishra
Patna, December 22
Bihar government on Tuesday finally issued orders for dismissal of three subordinate courts judges on charges of moral turpitude committed by them on the Republic Day, 2013 in the neighbouring country of Nepal.
They had been denied all post-retirement benefits too and would be deprived of even pension.
The general administration department of Bihar government in its four-page order said the three judges namely Hari Niwas Gupta (the then principal judge), Jitendra Nath Singh (the then additional sessions and district judge) and Komal Ram (the then sub-Judge) would not be eligible to get their allowances, salaries with retrospective effect.
This is for the first time the three senior judicial officers have been dismissed on charges of moral turpitude.
According to the charge sheet submitted against them, immediately after the Republic Day celebrations in 2013, they “escaped” to Viratnagar in Nepal and occupied rooms in a hotel near Bus stand. They had crossed from Forbesganj town in Araria district, the hometown of the noted Hindi writer, Phanishwar Nath Renu. 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 a police version. The three judges denied their presence in Nepal and forced the newspaper to publish an apology. The Indian embassy in Kathmandu informed the ministry of Home Affairs (MHA).
MHA’s Deputy Secretary S M Kandwal wrote a letter to the Registrar General of Patna High Court requesting an inquiry. District and sessions judge of Purnia Sanjay Kumar conducted an inquiry into the incident and submitted his report to the 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 that 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 and were found off simultaneously.
A full bench of Patna High Court went through the inquiry report of the district and sessions judge of Purnia and statements of the three controversial judges. It recommended dismissal of the judges. 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 DJ of Purnia, who had earlier conducted an inquiry.
The three judicial officers challenged their dismissal passed by High Court on June 18, 2015 and claimed they were not heard by the court. They later approached the Supreme Court that stayed the operation of the Patna High Court order in 2015.
Justice Indu Malhotra and Justice Sanjay Khanna of Supreme Court on November 8, 2019 vacated the stay and upheld the verdict of Patna High Court recommending their dismissal. SC also allowed the three judges to challenge the decision of the state government acting on High Court recommendations before the Supreme Court only.
The State Cabinet that 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 officers. On September 3, 2020, Registrar General of Patna High Court had sent a note to the law secretary with orders of Supreme Court seeking dismissal of the three judicial officers, according to the notification issued by the General Administration department.
Demand to prosecute sacked judges
Mrs Chhaya Mishra, senior woman advocate in Patna High Court and former joint secretary of Advocates Association today demanded prosecution of three members of higher judicial services who have been dismissed from their services.
Mrs Mishra said the three judges of subordinate courts had been found guilty of moral turpitude-contrary to justice, honesty and good moral behaviour that were expected from them.
All the inquiry committee reports had found charges against them true. They were caught by Nepal police, they have been charged with preparing and producing fabricated hotel bills, misusing official mobile sets and abusing their official positions even in Nepal on the auspicious day-Republic Day in 2013.
Since, the charges of moral turpitude, abuse and misuse of their positions and status have been proved and found confirmed even by the hon’ble Supreme Court, the three dismissed judges should be arrested and prosecuted immediately, Mrs Mishra said, adding that the dismissal from service was only an administrative action that was not in commensurate to the crimes committed by them.
They have defamed India by engaging themselves into adultery in our neighbouring country, Mrs Chhaya Mishra said and requested the district administration of Araria and Patna High Court to lodge criminal cases against the three and arrest them immediately.
