NATIONAL 2 -[GORKHA PENSIONS (Spotlight Weekly)]

Taking A New Turn

NEA is pressing Nepal Administrative Staff College (NASC) to present report favoring its decision

By A CORRESPONDENT

As apex court issued certiorari with mandamus against the decision of Nepal Electricity Authority (NEA) to dismiss its eight senior employees, NEA seems unprepared to face the court and is adopting dilly dallying tactics.

Dr. Chalise : On the hot-seat.

NEA was absent on February 11, the court appointed date. As NEA does not seem to have adequate defence, it is pressing NASC to present the report favoring its decision.

NEA signed an agreement with NASC on November 29 to conduct a study on NEA's Organizational Structure. NASC formally submitted its report on January 6, 2000 -- a week after the dismissal of its employees.

As NEA does not have any valid reason to show the court that its decision was based on any study, it is now trying to manipulate the NASC report -- attempting to pre-pone the date of its presentation. NEA dismissed eight of its employees on December 30 by abolishing the 12th level position.

The apex court ordered to revive the abolished posts and ruled the hearing on the case be continued with priority. During hearings at the apex court, the petitioners' lawyers also questioned the legal validity of NASC report.

Senior advocate Ganesh Raj Sharma, advocate Sambhu Thapa and Bal Ram K.C. pleaded on behalf of the petitioners and senior advocate Mukunda Regmi and advocate Yagya Murti Banjade defended the case.

NEA's board, in December 30, 1999 had dismissed seniormost employees of NEA -- Govinda K.C, Dr. Manik Ratna Tuldahar, Rabindra Bahadur Shrestha, Dr. Janak Lal Karmacharya, Ram Surat Pandey, Gauriman Kadauria, Megha Raj Upadhyaya and Bhuwan Chand Thakur on grounds of abolishing the positions they had occupied.

Supreme Court : Checking executive excesses

NEA's board had terminated the term of the employees under clause 9 and rule 77 (3) of NEA's Employees Service Regulation 1995 with amendment. According to the clause, any post can be scrapped in convenience by the NEA.

Supreme Court, however, has already rebuffed the clause by ordering reinstatement of one of the NEA's employee dismissed in 1994. The apex court's order to reinstate Ratnakazi Tuladhar in 1995 stated there is a need to give adequate reasons before dismissing employees.

The hearing of the present case is being conducted by a division bench of the apex court chaired by justice Bhairab Prasad Lamsal and Krishna Kumar Burma.

NEA is now said to be making efforts to seek support from Nepal Administrative Staff College to justify its decision.

When the executive becomes arbitrary, it is the duty of the judiciary to act as protector of the rights of the citizens. In case of Nepal, judiciary has shown its effectiveness by proving itself as a guardian to protect the arbitrary actions against the citizens.

"When Dr. Bhola Chalise was appointed the managing director of NEA, there were signs of happiness as he had always maintained his credibility. Unfortunately, Dr. Chalise is losing all his assets that he hasd earned during his earlier career in bureaucracy," said one of his senior colleagues.

Even as the apex court has ordered the NEA to revive the positions, the executive seems to be in a mood to rope in other agencies by hook or by crook to prove its point.