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140.
Appointment and Qualification of Chief Judge and Judges of High Court: (1) The
Chief Justice shall, on recommendation of the Judicial Council, appoint the Chief
Judge and Judges of the High Court.
(2) Any citizen of Nepal who has obtained a bachelor's degree in law and
served as a Judge of a District Court for at least five years or who has obtained a
bachelor's degree in law and constantly practised law as a senior advocate or advocate
for at least ten years or who has constantly been engaged in the teaching or research
of law or in any other field relation to law or justice for at least ten years or who has
served in the post of at least Gazetted first class of the Judicial Service for at least five
years shall be deemed to be eligible for appointment as the Chief Judge or a Judge of
the High Court.
(3) Appointments to the Chief Judge and Judges of a High Court shall be made
from amongst the persons who have possessed the qualifications referred to in clause
(2) on the basis of the proportion of cases settled by him or her annually and of
evaluation of cases upheld, quashed or reversed by superior courts in the course of
final decision thereof, in the case of a District Judge, and of his or her seniority,
qualification and evaluation of standard of performance of business, in the case of a
person who has served in the post of at least Gazetted first class of the Judicial
Service, and of evaluation of seniority, professional continuity, honesty, professional
conduct and contribution made to the field of law and justice, in the case of others.
(4) In case the office of the Chief Judge falls vacant or the Chief Judge is
otherwise unable to carry out the duties of his or her office or cannot be present in the
High Court by reason of a leave of absence or his or her being outside of the Province,
the senior-most Judge of the High Court shall act as the Acting Chief Judge.
141.
Conditions of Service and Facilities of Chief Judge and Judges: (1) Except as
otherwise provided for in this Constitution, the remuneration and other conditions of
service of the Chief Judge and Judges of the High Court shall be as provided for in the
federal law.
(2) Notwithstanding anything contained in clause (1), the Chief Judge or a
Judge of a High Court who has been removed from office upon action taken by the
Judicial Council or upon punishment by a court for a criminal offence involving moral
turpitude shall not be entitled to gratuity or pension.
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