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The Supreme Court has refused to issue an order in favor of Kulman Ghising, who was dismissed as the Executive Director of Nepal Electricity Authority. It is mentioned in the order that the writ filed by the then executive director Hitendradev Shakya on August 1, 2078 is of the same nature and is yet to be disposed of, so issuing the interim order now will affect the said case as well.
The bench of Supreme Court Justices Kumar Chudal and Nityanand Pandey has said that they are not willing to grant an interim order as per Ghising's demand. But the bench has ordered to give priority to the writ.
The writ petition filed by Hitendradev Shakya stating that the date of appointment of the petitioner (Kulman Ghising) on July 25, 2078 is not in accordance with the law is pending in this court. The Supreme Court said about the reason why the interim order should not be issued as per Ghising's request.
With Ghising not getting the interim order, Shakya will continue as the executive director of the authority. The cabinet meeting held on Chait 11 removed Ghising as the executive director and appointed Shakya. Ghising filed a writ against the decision in the Supreme Court on March 14.
Last March 15th, the bench of Judge Abdul Aziz Muslim ordered that both writs should be considered together. Also, both parties were called to discuss the issue of issuing interim orders.
The then government led by Prime Minister KP Sharma Oli appointed Shakya as the executive director of the authority for four years on 27 January 2077. But the Deuba government formed after that on 25 July 2078 transferred Shakya and appointed Ghising for four years. Shakya filed a writ in the Supreme Court on August 1, 2078 saying that he was removed from the post illegally. But even for three and a half years, his writ has not been resolved.
After Ghising went to the Supreme Court against the government's decision, Shakya filed another writ petition in the Supreme Court demanding to get his service facilities from the previous tenure. Interim order did not come even in his writ. "An interim order was ordered not to be issued in the deportation writ petition (filed by Kulman Ghisingh) from this bench, and since the said petition is interrelated with this petition, an interim order should not be issued even in the present writ petition," said the order of the Supreme Court in Shakya's petition.
