MP withdrawing from proposal to give pension to ex-employees convicted of corruption

After all-round opposition, informal discussion among the members of the State Order Committee of the Parliament, agreement to take a decision in the meeting of the committee covering the provisions of the original bill.

Baishak 8, 2082

Matrika Dahal

MP withdrawing from proposal to give pension to ex-employees convicted of corruption

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The provisions of the civil service bill prepared by the parliamentary sub-committee will be amended so that the retired civil servants or their "close relatives" are convicted of crimes involving moral turpitude including corruption.

The sub-committee formed under the leadership of Congress MP Dilendra Prasad Badu under the State Order and Good Governance Committee to study and submit a report on the Federal Civil Service Bill has amended the provision prepared to maintain the pension of ex-employees even if they are convicted of moral turpitude.

A sub-committee consisting of Ishwari Neupane of Congress, Leelanath Shrestha and Raghuji Pant of UML, Hitraj Pandey of Maoist, Chanda Karki of RSVP, Budhisan Tamang of RPP, Rajendra Pandey of SK, Ashok Rai of JSP, Prakash Adhikari of JSP Nepal and Sarvendra Nath Shukla of LOSPA, report that the pension of former employees will be maintained even if they are found guilty by removing section 68 of the bill. was prepared. The report has been submitted to the committee.

After the news about the report prepared by the sub-committee on the provision of maintaining the pension of convicted ex-employees was made public, in an informal discussion among the MPs, it was agreed that the subject of ex-convicted ex-employees not getting pension facilities will be covered according to the clause of the original bill. Committee chairman Ramhari Khatiwada and sub-committee coordinator Badu discussed the controversial issues of the report in the sub-committee on Sunday among MPs including UML's Pant, Maoist's Hitraj Pandey, CPN-S's Rajendra Pandey, and LOSPA's Shukla. In the discussion, the issue of passing the provision from the sub-committee was raised, but most of the members said that it should be amended saying that it does not send a good message, then everyone unanimously agreed to include the provisions of the original bill.

committee chairman Khatiwada says that everyone has agreed that the report from the sub-committee should be changed and accordingly it will be submitted in Monday's meeting. "Since the arrangement submitted by the sub-committee has become controversial by removing the provisions of the original bill that the pension of ex-employees involved in morally degrading crimes has become controversial, it has now been informally agreed upon that the provision in the original bill should be included in it. The meeting of the committee on Monday will give formality," says Chairman Khatiwada. 

Maoist MP Pandey believes that there is no need for further controversy as a proper decision will be taken from the committee meeting regarding pension provisions. "The sub-committee has resolved this matter by consensus, now there is a dispute, however, the report has been submitted to the full meeting of the committee," he says, "now the full meeting will be discussed and a decision will be made accordingly." 

  He complained that only one issue was raised by the media after the

sub-committee amended the original bill and put aside the important issues. "There was an informal discussion on this matter with some members of the sub-committee and the chairman on Sunday. A formal discussion will be held on Monday and a decision will be taken," says Pandey.

Subcommittee member and LOSPA MP participating in the informal discussion Shukla says that the pressure/influence of civil servants, threats of trade unions and the support of major parties are the main reasons for preparing the report so that the pension of the ex-employee convicted by the court is maintained. "I was also involved in the sub-committee, there was a long discussion and debate, there were different opinions on whether or not to maintain the pension of ex-employees even if they were found guilty, but during the preparation of the report, the section of the original bill was removed and submitted without mentioning anything in it," he says, "There is an error in the report of the sub-committee, this error should be corrected by the state administration committee." 

The sub-committee held 20 meetings on different dates and amended the bill and submitted the report to the committee. In which the provision of not getting 'pension facility' of section 68 has been removed. In place of the said clause, a provision has been made that a retired employee who is enjoying pension benefits will not get double benefits if he is appointed elsewhere. In the original section, it was written that if an employee is found guilty of crimes like corruption, crime against the state, drug dealing, kidnapping and extortion after retirement, he will not get pension.

The then Federal Affairs and General Administration Minister Anita Devi submitted to the House of Representatives on 21 February 2080, Article 68 of the Federal Civil Service Bill contained provisions related to 'non-receipt of pension'. In sub-section 1, the sub-committee said, "If a person who retires and is receiving a pension or family pension after the commencement of this Act is found guilty by the court of corruption, forgery of government or public documents, crime against the state, drug dealing, money laundering, sale of antiquities, human trafficking, kidnapping and hostage-taking, extortion, polygamy or other criminal offenses showing moral turpitude," the sub-committee said. By removing the subject of the section, it has made a provision that 'double benefit should not be taken'. It has been widely opposed as it will curb corruption.

 There is a provision in the current Civil Service Act that if a person is convicted by the court after being suspended, he will not get pension. It is not mentioned whether pension will be given/not given to national servants who are found guilty of moral turpitude after retirement. Due to this, the former employees are still enjoying the pension benefits even if they are convicted of moral turpitude after their retirement.

This facility is not available in cases where the accused is convicted. Even now, taking this hole of the past, the employees are lobbying in favor of enacting a law so that they can benefit themselves, and the sub-committee has also approved the matter.

In the same way, employees who are facing court cases for offenses other than automatic suspension will be suspended  Chairman Khatiwada said that the sub-committee will also discuss the amendment to the original bill so that there should not be a

.

Article 103 (4) of the original bill states that 'no civil servant commits corruption, government or public act, crime against national interest, drug dealing, money laundering, antiquities trafficking, human trafficking, kidnapping, body hostage, coercion, polygamy or 

If a case is filed in other criminal charges showing moral corruption, such an employee will be automatically suspended. 

However, the sub-committee has added a provision that such employees who miss bond, surety and date will not be suspended except as mentioned in section 103 (4) by placing a restrictive phrase. In the restrictive phrase, it is said, "However, if a case has been filed for an offense other than the offense which is automatically suspended after the filing of the case according to the prevailing law, if such civil servant is released from the relevant court on bond, bail or ordinary date, he will not remain under suspension." Chairman Khatiwada said that the committee will take a proper decision on the provisions related to pension and suspension. 

The committee formed a sub-committee under the leadership of Congress MP Badu on 9 February 2081 to study the bill and submit a report. The report was submitted after revising the

provision.

 

Matrika

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