NATIONAL 2 -[GORKHA PENSIONS (Spotlight Weekly)]

Arbitrary Decision

Nepal Electricity Authority (NEA) dismisses eight senior executives without giving any reasons

By KESHAB POUDEL

Govinda K.C. - director-in-chief at the Project Implementation Directorate NEA - was shocked when he was handed a dismissal letter on the evening of 30 December 1999 at his residence.

Like K.C., seven other senior and experienced engineers of NEA namely Dr. Manik Ratna Tuladhar, Rabindra Bahadur Shrestha, Dr. Janak Lal Karmacharya, Ram Surat Pandey, Gauriman Kadauria, Megha Raj Upadhyaya and Bhuwan Chand Thakur were also dismissed without any valid charges. NEA had to sack them as it abolished their positions.

Minister Joshi : Unjust decision

The principle applied in their dismissal was irrational as other five directorates of similar status are still retained by the NEA management. "If there is no need of any 12th level employees, why is the NEA retaining other five?" asked a dismissed employee. "This shows evil intention behind the decision."

At a time when NEA has been making efforts to develop in-house capability to construct small and middle level indigenous hydro power projects, the removal of senior and experienced engineers could prove to be a big setback.

This decision will set a bad precedent - dismissing any employee any time. In the process of NEA's institutionalization, it may have tremendous repercussions.

In the history of NEA's hydropower plant construction, these dismissed engineers had played a major role in designing 6 MW Puwa Khola, 14 MW Modi Khola and 20 MW Chillime projects. Puwa Khola and Modi Khola hydro power projects are already in the last phase of construction. They will start generating power in five to six months.

In fact, engineer K.C. had completed renovation work of Kulekhani rehabilitation project eight months ahead of schedule in 1993 when it was washed away by floods.

Not only K.C, other engineers, too, had contributed enormously in NEA's institutionalization. Then why were these engineers dismissed summarily?

Whenever Nepali Congress, which has fought for three decades to restore democracy, comes to power, it has a record of sacking employees arbitrarily. No Congress leaders seem to be committed to the rule of law as far as dismissals of employees are concerned.

The eight senior technicians in whom the country has invested millions of rupees are the victims of recent arbitrary decision.

Interestingly, an advocate turned politician Govinda Raj Joshi, the current Minister for Water Resources, chaired the meeting of the NEA board which fired eight innocent employees.

NEA's board terminated their services under clause 9 and rule 77 (3) of NEA's Employees Service Regulation 1995 with amendment. According to the clause, any post can be scraped as per the NEA's convenience.

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

Strangely, some of the dismissed employees even have a long association with the ruling Nepali Congress. Dr. Manik Ratna Tuladhar is the son of late Tri Ratna Tuladhar who donated his golden ring to late B.P. Koirala to start agitation against autocratic Rana regime in Calcutta. Tri Ratna was one of the few persons B.P. Koirala mentioned in his biography (Atmabrittanta).

"The issue is not of bias against individual, the whole act (of dismissal) is unfair," said Dr.Tuladhar who did Ph.D in hydropower and spent three decades in NEA. "We were sacked without giving us any chance to defend ourselves."

All the dismissed senior employees have good records of performing duties. They have received training in different parts of the world and are in the last leg of their career.

When NEA is planning to construct the power plants on its own, the dismissal decision will only harm its potential.

NEA's management, however, defended the decision and argued that the decision was taken according to the law and regulations.

In its last eight years in power, Congress has sacked more than 30 thousand employees and virtually paralyzed the bureaucratic system. The recent firing of the employees will have a paralyzing effect on NEA.

"If Tri Ratna were still alive, what would be his reaction to the arbitrary decision of Nepali Congress government," asked an advocate.

The dismissed engineers have their own record in working hydropower sector. Rabindra Bahadur Shrestha and Dr. Janak Lal Karmacharya are civil engineers experienced in civil construction and Gauriman and Megha Raj Upadhyaya also have their own potentials. Bhuwan Chand Thakuri, a mechanical engineer, is an expert on Rural Electrification. Dr. Karmacharya had led the Arun III project before its cancellation.

The dismissal of these engineers have sent shock waves in the NEA. "Nepal Engineers Association has already (NEA) formed a committee to seek information regarding the dismissal of eight engineers," said Yuba Raj Sharma, president of NEA.

These experienced technocrats would have been a great asset in the context of hydropower development in the country. But they had to be dismissed to bring in young and inexperienced engineers who would not dare challenge the political decisions mode to serve their personal interests.