District judge Omkar Upadhyaya has resigned after the Judicial Council recommended action citing fake educational certificates.
Justice Deepak Karki, who is filling in for Chief Justice Cholendra Shumsher during his foreign trip, confirmed with Setopati that Upadhyaya has submitted resignation. "He resigned day before yesterday. He is now out of duty after resigning," Karki stated. "How the Judicial Council will take action against him will be decided after the council's meeting once CJ returns," he added.
A probe committee including Judicial Council members Ram Prasad Sitaula and Padam Vaidik was formed to investigate complaints against Upadhyaya. The committee has recommended action against him and the recommendation had been published in the Nepal Gazette by the council.
The council has stated that he had submitted only provisional certificate saying he completed bachelor's from Kanpur University (Chhatrapati Shahuji Maharaj University now) of India. But only original transcripts are accepted.
The committee's investigation also showed that Upadhyaya released Mansur Khan on bail instead of sending Khan to judicial custody on a case about fake citizenship when he was district judge in Parsa despite the law requiring those involved in such charges being kept in custody for investigation.
There were complaints against him accusing him of irregularities in verdicts, and becoming judge on the basis of fake certificates. He was summoned to the council 10 months back after complaints were lodged against him while he was in Tanahu District Court.
