Prime Minister's office circular to employees - 'Action will be taken if files are stuck maliciously'
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The government has issued a circular to the subordinate agencies with a warning of imprisoning and fineing the employees who maliciously stick files. The National Vigilance Center has been instructed to regularly monitor and submit a report on whether or not the work is done according to the law.
The Prevention of Corruption (First Amendment) Act 2081, which was passed by both houses of the Federal Parliament and certified by the President on March 3, provides for 'punishment for those who cause harm/damage without judgment'.
The government brought the Good Governance Promotion and Public Service Ordinance on 29th December, and provided that the responsible officer of any public body must take a decision and provide service within 7 days, except in cases specified in the law. The Office of the Prime Minister and the Council of Ministers issued a circular to the Constitutional Commission/Ministry, agencies and all the seven provincial governments on 5 Baisakh with a warning to take action in accordance with this legal provision.
Section 17 (a) of the Revised Prevention of Corruption Act, Subsection 1 states that ``a public servant knowingly takes advantage of himself or someone else, gives it or gives it to a public institution or person due to the fact that he does not make such a decision, except in cases where there is a good reason for having made a decision within a certain period according to the law According to the
, such a national servant will be punished with imprisonment for up to 6 months or a fine of up to 50,000 rupees or both if the breach is disclosed and if the breach is not disclosed, it is mentioned.
In subsection 3 of section 17 (a), there is a provision that even if a decision cannot be made according to the file that has come within a certain period, it can be informed to a higher level officer by revealing reasonable reasons. However, in its restrictive form, it has been said that 'if there is a situation where any work has to be done in a specific period according to a contract or agreement, it will be done accordingly'. An official of the Prime Minister's Office said that the circular was issued for the implementation of this arrangement.
It is mentioned in the letter of the Prime Minister's Office that the decision has not been taken in time and the public or the person has been alerted to work in such a way as not to cause harm/damage. "I request that the responsible officials/employees of the ministries, commissions, subordinate agencies make timely decisions and actions so that public organizations or individuals do not suffer losses due to non-decision," the letter said.
About the circular from the Prime Minister's Office, a joint secretary said that there is no problem in working according to this section except for the pressure and influence of political and interest groups. He added, 'But there is a risk of forcing the employees by showing the weapons of this law to do self-motivated work.' Three days after the
circular, the secretaries' meeting chaired by Chief Secretary Ek Narayan Aryal also decided to 'arrange a system to make decisions as mentioned in the Prevention of Corruption Act and not to do so by disclosing the reasons accordingly'. "According to the correspondence of May 5, the concerned secretary and chief secretary will inform all the agencies and subordinate responsible officials/employees of the union, state and local levels about this provision and make arrangements for timely decision and action," the decision of the secretary's meeting said.
Under the pressure/influence of power centers and interest groups, decisions focused on operations and financial administration from development centers/projects are more controversial. There is a tendency among employees to avoid the decision-making process due to the fear of being caught by the Abuse of Authority Investigation Commission for making such decisions. A few months ago, the secretaries were called and alerted to the fear of taking action from the authorities.
