Conflict of interest even in investigation of 'cooling off period'

The chairman of the State Administration Committee, Ramhari Khatiwada, and the coordinator of the special committee formed for the investigation, Jeevan Pariyar, are both Congress MPs. The fact that Pariyar's wife is a deputy secretary in the civil service also attracts a conflict of interest.

Ashad 24, 2082

Jaya Singh Mahara

Conflict of interest even in investigation of 'cooling off period'

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Ramhari Khatiwada, the Chairman of the State Order and Good Governance Committee, who submitted the bill to the House of Representatives with signatures to break the provision of 'cooling off period' unanimously placed in the Federal Civil Service Bill, is a central member of the Congress.

 And, Congress Deputy General Minister Jeevan Pariyar has also been made a coordinator in the parliamentary special investigation committee formed on Monday to investigate this 'cheating'. On the other hand, the convenor Pariyar's wife is also a civil servant. She is currently working as a Deputy Secretary of the Government of Nepal. 

The fact that the chairman of the parliamentary committee responsible for passing the bill and the coordinator of the special committee for investigation are from the same party and the family relationship of the coordinator is also connected with the civil service, the investigation committee is under suspicion that it may be affected by 'conflict of interest'. 

Speaker Devraj Ghimire has formed a seven-member committee to investigate the disturbance over the 'cooling off period' under the coordination of Congress Co-General Minister Pariyar from the meeting of the House of Representatives on Monday. Along with Pariyar from Congress, whip Sushila Thing, Narayan Prasad Acharya and Ishwari Gharti from UML, Madhav Sapkota from main opposition Maoist, Ganesh Parajuli from RSVP and Roshan Karki from RPP are in the committee.

In the report submitted by the State Order and Good Governance Committee to the House of Representatives, there is a clause that breaks down the provisions related to the 'cooling off period' which has a different meaning than the discussion, theoretical consensus, minutes and electronic records (including audio, video, etc.) of the committee. The committee has been given a deadline of 21 days (12 July) to submit its report to the House of Representatives.

The name of the committee chaired by Pariyar has been named as 'Special committee formed to study and investigate errors in the report of the Federal Civil Service Bill'. In the report of the civil bill, the committee has been mandated to investigate the reason why this has happened due to the lack of legal identity due to the addition of sub-section (4) to section 82 of the original bill. It has been asked to investigate the role of who, what and what role in the preparation of the report so that such legal identity is not maintained.  After ascertaining the involvement of

, such officials or persons are asked to submit suggestions as to whether or not any action should be taken according to the prevailing law. There is also a mandate to find out the deficiencies seen in the discussion, decision-making process, and report writing in the committee during law making and to submit suggestions as to what kind of precautions or measures should be taken to prevent such deficiencies in the future. 

The State Law Committee unanimously passed a report on May 2 in Section 82 (4) of the Civil Service Bill with the provision that "Civil servants or employees who have resigned or retired from the service will not be appointed to any constitutional or government position before the completion of two years from the date of retirement". 

The report was submitted by Chairman Khatiwada in the House of Representatives on June 1. However, the provision of 'cooling off period' was broken in section 82 (5a) and a provision was made that 'no appointment shall be taken except for constitutional or diplomatic appointments and any other appointments made by the Government of Nepal'. Chairman Khatiwada submitted the bill report with his signature to the House of Representatives. 

Since the 'cooling off period' provision was placed in the bill by the committee, Chief Secretary Ek Narayan Aryal, along with Secretary General of Parliament Padma Prasad Pandey, the Secretaries of the Government of Nepal have been going door-to-door in the political power centers to pressure them to remove it. They met Prime Minister KP Sharma Oli, Congress President Sher Bahadur Deuba, Speaker Ghimire, National Assembly Speaker Narayan Prasad Dahal, ministers and others and even threatened to resign en masse if a 'cooling off period' was imposed. 

While the top-ranking employees were 'parading' in the political power center against the 'cooling of period', the Secretary of the State Order Committee Suraj Kumar Dura, Joint Secretary of the Ministry of Law Subhash Kumar Bhattarai and Joint Secretary of the Ministry of General Administration Meera Acharya were also involved in preparing the report with the said provision.

Rule 180 of the Rules of the House of Representatives provides that "a special committee may be formed as needed in the House of Representatives for bills or other work of a special, sensitive or serious nature". A question was raised in the meeting called by Speaker Devraj Ghimire that the coordinator of such a committee should not be appointed to the leader of the same party as the chairman of the committee whose work is to be scrutinized.

The opposition RSVP raised such a question in the meeting held by the Speaker at his residence Baluwatar and Parliament House New Baneshwar. MP Manish Jha, who is also the spokesperson of RSVP, also raised this question in the meeting of the House of Representatives on Monday. He commented that the cheating in the 'cooling off period' is a tainted story of Nepal's parliamentary practice. "A year ago, the issue was raised that a leader belonging to the party that was fingered should not be led by that party, but today they are forgetting that practice," Jha told the speaker.

Chief whip of Congress Shyam Ghimire says that the coordinator will not make the decision only, the decision of the special committee will proceed only by consensus, so there should be no doubt. "As far as the coordinator of the same party and the person to be investigated are said, only our coordinator will be there, other parties will be members, the decision will be made by consensus of all, the role of the coordinator will not be the only one," he said. 

RSVP's chief whip Santosh Pariyar said that the party's chairmanship committee's work will be investigated, and he proposed that the leader of the same party should not be made a coordinator in Monday's executive committee. However, Congress Chief Whip Ghimire objected.

Pariyar said that democratic culture was not seen when appointing the coordinator. "The issue of his involvement in the committee chaired by the Congress has also come up, so it is about to be investigated. The leader of the Congress is the coordinator of the investigation committee. There is also a matter of ethics," says Pariyar. On the one hand, it was said that Congress will take the leadership as it is the largest party in the Parliament, on the other hand, it was said that the chairman of the committee does not have to resign. Everything was done on the strength of numbers.' 

coordinator Pariyar claimed that the shadow of party and family relations will not come under investigation. "Rather than who has raised what question, we will work according to the procedure, nothing will affect it," he said, "If any person including the chairman of the committee is involved, we will recommend action if found guilty in the investigation."

Jaya

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