KATHMANDU, August 25: The Supreme Court has asked the government to submit the original file including the decision regarding the appointment of Kulman Ghising as the Managing Director of Nepal Electricity Authority (NEA).
A single bench of Chief Justice Cholendra Shamsher JB Rana on Tuesday ordered the government authorities concerned to bring the complete file regarding the petitioner’s appointment as Secretary at the Water and Energy Commission and the final file of Ghising's appointment decision within three days. After the first hearing, the apex court did not issue an interim order as requested by the writ petitioner.
The outgoing NEA Managing Director Hitendra Dev Shakya had filed a writ petition in the Supreme Court on August 16 seeking his reinstatement in the post. In the first hearing on the writ petition, the Supreme Court ordered the government to submit files related to the appointment of Ghising as the chief of the NEA.
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Shakya has filed a writ petition seeking reinstatement arguing that he was removed illegally by the government. Former NEA Managing Director Shakya was transferred to the Water and Energy Commission by the government on August 9.
Before Shakya, Ghising was the Managing Director of the NEA. After Ghising's four-year term came to an end, the KP Sharma Oli-led government had appointed Shakya as managing director. The government led by Sher Bahadur Deuba has appointed Shakya as an expert member of the Water and Energy Commission, while appointing Ghising again Managing Director of state-owned power utility.
Shakya has demanded reinstatement saying that it was against the law to remove him before completing his tenure of four years. He also demanded an interim order to allow him to serve as managing director.
Shakya has claimed that being appointed to the commission against his will without any consultation goes against the spirit of Article 29 (4) of the Constitution. Citing the same provision, Shakya claimed that he was employed against his will.
In the writ petition, Shakya has demanded the decision of the Council of Ministers appointing Ghising be declared illegal as there is a violation of his right to work and that the decision of the government had caused an irreparable damage to his reputation.
