”The Ministry of Energy does not have the right to ask the Executive Director of the Electricity Authority for an explanation.”

While Energy Minister Deepak Khadka and Secretary Suresh Acharya were on a visit to India, a mandate was taken regarding fixing the new tariff.

Falgun 16, 2081

Kantipur Reporter

”The Ministry of Energy does not have the right to ask the Executive Director of the Electricity Authority for an explanation.”

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Executive Director of Nepal Electricity Authority Kulman Ghising has submitted the answer to the two-point explanation asked by Energy Minister Deepak Khadka.

On Thursday, Ghisingh submitted an explanation saying that 'action cannot be taken against Goshwara charges without ascertaining the crime'. He claimed that the Ministry of Energy has no right to ask for an explanation and take action regarding his removal from service.

"The Ministry does not have the authority to take action in accordance with Section 16 of the Law Interpretation Act, 2010, Regulation 21 of the Government of Nepal's Operations Regulations, 2064 (Schedule-1 of 33) and Regulation 24 of the Service Conditions and Facilities of Nepal Electricity Authority Executive Director or General Manager, 2061," said the letter written by Ghising. 

Ghising has on the contrary questioned Minister Khadka about which of the cases mentioned in Regulation 22 of the Regulation on Service Conditions and Facilities of Nepal Electricity Authority Executive Director or General Manager, 2061. "It is clear from the explanation that the offense has not been confirmed by the ministry, action cannot be taken against Goshwara without confirming the offense in the explanation," he said.

It is mentioned in Ghising's letter that he was not satisfied with the explanation he had given on December 28. He says that all the charges against him are hidden. "The need to submit an explanation within 24 hours and the fact that there is no immediate action is evident from the matter mentioned in the explanation," Ghising said in his reply to Khadka, "Therefore, the valid principle of natural justice is contrary to the fact that a reasonable and sufficient time is not given to respond when an explanation is demanded." "Without taking any action for one and a half months in response to the clarification submitted on 28th of December, the request for clarification is suddenly given a period of twenty-four hours, is procedurally seriously flawed, unauthorized and biased," the letter says, "I express the behavior that cannot be removed from service on the basis of such clarification."

The Executive Director of the Authority was nominated. After participating in the meeting, Ghising said that a meeting of the bilateral electricity exchange committee was held on January 30.

Ghising claims that the meeting was decided after discussions between the Ministry of Energy, the authority and the Central Electricity Authority of India. "There is an arrangement to sit under the co-chairmanship of the member of the Central Electricity Authority of India and the executive director of the Nepal Electricity Authority, the per unit rate of electricity to be exchanged through 132, 33 and 11 kV transmission lines for the period from April 2025 to March 2026 has been decided," Ghising said in his reply. 

Ghising said that although there was an average price increase of 5.5 percent in previous years, this time the average increase will be only 1.5 percent. "The rate set now is the lowest ever increased rate," Ghising said, "only if necessary, according to this agreement, electricity will be imported from 4 pm to 9 pm during the dry season and during competition from the Indian Energy Exchange, when there is no approval for electricity import." 

After discussing the agenda of the meeting in the Ministry of Energy, Ghising said that both parties agreed to hold the meeting of the Secretary-level meeting the day before and the meeting of the Electricity Exchange Committee the next day. "Ministry's representative Deputy Secretary Sanjiv Rai and First Secretary of the Nepal Embassy in Delhi Vijayraj Tandukar also participated in the said meeting," he said.

The tariff will be implemented only after approval by the board of directors of the authority and approval by the Electricity Regulatory Commission. "Even though I have written to the board of directors for a long time, the proposal has not been submitted to the board of directors because the meeting has not been held for a long time," Ghising said in the letter. Ghisingh was asked to clarify whether he went/didn't go with the board's approval. In response to that, Ghisingh said that he had visited India about 14 times and 2 times from July to February 13.

Along with Energy Minister Khadka, he went to the site office of Middle Bhotekoshi Hydropower Company on August 12th, Sankhuwasabha on August 24th, Susta on October 10th and Upper Tamakoshi Hydropower Company site office on October 3rd.

In the case of visits in the months of August and October, the visit order has been approved by the Minister of Energy. In the following days, the visit order for that period was duly submitted for approval, but it was not granted,' said the letter written by Ghising, 'It is revealed from the explanation presented that the visit order was not approved for me to ask for an explanation.' Ghising said that he was sad when action was taken to encourage work.

'While the legally stated goals and progress are being achieved, the Ministry should provide the necessary assistance, support, encouragement and encouragement, and on the contrary, it is requested not to cause distress and harassment by repeatedly asking for clarifications, making it difficult and dehumanizing and discouraging,' is the letter sent by him. Ghising said that activities such as asking for clarifications, details and documents, and forcing them to do so are being done with the aim of discouraging them.

Kantipur

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