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High Court Biratnagar Temporary Bench Okhaldhunga has issued an interim order to the opposition Diktel Rupakot Majhuwagadhi Municipality to allow the sixth officer (accounts) Ram Prasad Acharya to work as is.
The single bench of Judge Dhir Bahadur Chand issued an interim order on Monday and ordered Acharya to appear in the e-attendance and attendance account and make him work.
According to Section 24(4) of the Local Government Service (Formation and Operation) Act, 2080, Acharya was recommended to be transferred to another office through the Office of the Chief Minister and Council of Ministers in Koshi Province. It is mentioned in the order that after the
decision, Acharya should not appear in the e-attendance and attendance account from 30th of Baisakh.
Administrative officer Dinesh Kumar Rai sent a letter to the Office of the Chief Minister and Council of Ministers, Koshi Province, Biratnagar, on 26th Baisakh regarding the recommendation for Acharya's transfer, and it is said in the order that it was also given to Acharya.
Section 24(4) of the Local Government Service (Formation and Operation) Act, 2080 states that the authority to recommend the transfer of Acharya is vested in the opponent, although it is seen from the letters of the opponents, that the Office of the Chief Minister and the Council of Ministers is not obliged to transfer based on the recommendation, and in the absence of a missile being attached to the transfer letter, debarring the Acharya from appearing is against the law and irreparable to the petitioner Acharya. It is mentioned in the order that the balance of convenience is in Acharya's favor.
Acharya filed a writ petition in the High Court Biratnagar temporary bench Okhaldhunga on Sunday, demanding an interim order. Advocate Omprakash Ghimire and Guru Bahadur Basnet argued on behalf of Acharya.
