Tibetan Supreme Justice Commission rules in favour of Penpa Tsering, orders Kashag to issue apology to plaintiff

Chief Justice Commissioner Kargyu Dhondup(C) with the two other Justice Commissioners of the TSJC, Dr Nawang Rabgyal Norpa and Karma Damdul on either side.

DHARAMSALA, 15 Oct: The Tibetan Supreme Justice Commission(TSJC) has cleared former Tibetan Representative of North America, Penpa Tsering of all charges cited by the Kashag(Cabinet) of the Central Tibetan Administration(CTA) for his ousting as it announced its verdict on Tuesday night.

Announcing the ruling of the court, the Chief Justice Commissioner Kargyu Dhondup stated that the Kashag did not follow proper rules and regulations over its decision to dismiss Penpa Tsering from the Office of Tibet in Washington, CTA’s mission in North America.

The 1,028-page verdict of the TSJC has further ordered the Kashag to issue an apology to plaintiff in all the news outlets of the CTA in Tibetan as well as in English and to submit the copy of the same to the court within 30 days following the court’s ruling which the latter will hand over to the plaintiff.

The TSJC has cleared Penpa Tsering of all charges while it has dismissed the confidential documents submitted by the defendant’s party and its witnesses.

Speaking to the media after his victory, the plaintiff said that though such victory usually calls for celebration, he simply can not as it is against the cabinet. His Lawyer meanwhile called it a victory to democracy and rule of law.

Lobsang Dakpa, the defendant’s lawyer expressed his dissatisfaction over the court ruling and likened it to sending a soldier to the war with amputated legs and arms without ammunition.

He further cautioned the timing of the court ruling that came just a day ahead of the Chief Justice Commissioner’s retirement.

The court ruling declared that the plaintiff has proved its entire arguments while the defendant failed to prove the entire 14 points required of it by the court.

The defendant was further ordered to pay the fees of the plaintiff’s lawyer which amounts to INR 98,700 by 15 November.

The Kashag, led by Home Kalon Sonam Topgyal Khorlatsang as the officiating President of the CTA held a brief press conference at the Kashag Secretariat following the ruling where it accepted it but declared that the entire cabinet will meet and decide over its next move.

Penpa Tsering was terminated from the office as per Chapter 1 Article 1(3) of the Tibetan Charter and Article 19(1) of the Tibetan Public Service Commission rules and regulations according to a circular issued on 7 Nov 2017 by the Kashag cited growing trust deficit, underperformance and insubordination as key reasons in its 10-point clarification issued on 18 Nov 2017.

Penpa Tsering filed the case in the exile Tibetan Supreme Justice Commission challenging the reasons cited by Kashag (Tibetan Cabinet) for his termination from the office in may Last year.

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