Kulman had removed Hitendradev Shakya in the same manner as soon as he became the Energy Minister, saying that it was unfair that the Oli-led government removed him from the position of Executive Director of the NEA.
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The Supreme Court has reinstated Hitendra Dev Shakya as the Executive Director of the Nepal Electricity Authority.
Kulman Ghising, who had gained public support for his removal as the executive director of the NEA by the then KP Sharma Oli-led government, had removed Shakya in the same manner as soon as he became the energy minister. The Supreme Court overturned Minister Ghising's proposal and the government's decision, calling it vindictive and arbitrary.
A joint bench of Justices Nahakul Subedi and Shrikant Poudel ruled that the government's decision to transfer Shakya to the Water and Energy Commission and make Manoj Silwal the executive director was against the law. "When the Executive Director of Nepal Electricity Authority was to be removed from the said post, he could be removed according to the procedure and basis mentioned in the Nepal Electricity Authority, Executive Director or General Manager's Service, Conditions and Facilities Regulations, 2061 or the performance agreement entered into with him, but since he was removed from the said post without following any such procedure, the proposal of the opposing departmental minister to remove him from the said post appeared to be prejudiced and vindictive," the order said. "The decision and action taken based on such proposal could not be considered as a clean, just and reasonable decision."
Such decisions and actions, which appear arbitrary from the face of the case, are against the law and The Supreme Court's order states that the court cannot uphold the rule of law. 'The decision of the Government of Nepal (Council of Ministers) on 5 Asoj to appoint Shakya from the post of Executive Director of Nepal Electricity Authority to the post of Energy Specialist Member of the Water and Energy Commission and to appoint Manoj Silwal, one of the respondents, to the post of Executive Director of Nepal Electricity Authority that will be vacant, does not appear to be in accordance with the previously read legal provisions,' the order states. 'It appears to be contrary to the performance agreement made with the Executive Director and the judicial principles that have been repeatedly explained and propounded by the court in various cases.'
The Supreme Court has also issued a decree saying that the decision of 5 Asoj and the work and correspondence done on the basis of it will be nullified by the order of the court and that Shakya should be allowed to continue working as the Executive Director of the Authority as before.
The then Executive Director Ghising was removed by the Oli government on 11 Chaitra 2081 and Shakya made him the Executive Director. At that time, Deepak Khadka of the Nepali Congress was the Minister of Energy and Water Resources. After the Gen-G movement of 23-24 Bhadra, a civilian government was formed on 27 Bhadra under the leadership of Sushila Karki. Kulman Ghising was sworn in as the Minister of Energy, Water Resources and Irrigation, Physical Infrastructure and Urban Development of that government on 30 Bhadra. On the proposal of Minister Ghising, the interim government's cabinet meeting appointed Silwal as the Executive Director on 5 Asoj 2082.
