JC all set to sack judge Subedi

KATHMANDU, March 26: The Judicial Council (JC) on Friday decided to sack judge Om Prasad Subedi and gave him seven days to provide clarification on the charge of misconduct and incompetence.

The decision was made by a meeting of the JC, which is responsible for appointing and punishing judges.


An investigation report prepared by SC Justice Top Bahadur Magar had found Pokhara Appellate Court Judge Subedi guilty of misconduct and incompetence.

The report states that Subedi repeatedly remained absent from his office without informing his senior.

"The meeting decided to seek clarification from him before sacking him as per the JC Act," said JC Secretary Jeevan Hari Adhikary.

The probe committee had recommended that the JC sack Subedi on three grounds -- lack of honesty, misconduct and poor performance.

The JC had also cautioned Subedi nearly two years ago too. Subedi was cautioned by the JC to be sincere to his duties following complaint that he remained absent in Tulsipur Appellate Court too without informing chief judged of the court.

"He confessed his mistakes and vowed not to repeat the same mistake again at that time," said Adhikary, adding, "He didn´t only repeat the same mistake but also committed even more serious mistakes. So JC decided to seek clarification from him."

In the Friday decision, JC has said, "You [Subedi] are hereby asked to furnish written clarification as why not to sack you for your bad conduct."

JC will formally decide about Subedi´s fate upon receiving his clarification.

"Subedi not only remained absent from the appellate court time and again but also committed serious mistake by signing the attendance register at the Revenue Tribunal in Pokhara at a time when he was officially on leave at the appellate court," reads the report, adding, "He was assigned to the Revenue Tribunal on Tuesdays. Evidence show that he was absent from the appellate court but wrongfully signed the attendance register at the Revenue Tribunal. This shows how dishonest he was. It is also proof of how he failed to discharge his duties as required by the law."

Subedi is also found to have used his signature at the Revenue Tribunal in Pokhara while he was in Kathmandu. "As a law student, Subedi signed the attendance book at the Kathmandu School of Law (KSL). It has been found that he put his signature in the attendance book at the Revenue Tribunal on the same day he was attending class at KSL."

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