Legislators have the right and responsibility to make laws. They should fulfill their role confidently. The role of Parliament will be in crisis if the law-making process is blocked due to pressure from the staff and leaders.
The Chief Secretary and the Secretary are meeting with the Prime Minister, the Speaker of the House of Representatives, the Speaker of the National Assembly and the President of the ruling Congress to reverse the provisions of the 'Bill on the Formation, Operation and Conditions of Service of the Federal Civil Service', which was unanimously passed by the State Order and Good Governance Committee of the House of Representatives on May 2.
The report of the bill passed by the committee of the sovereign parliament to keep the period of retirement and re-appointment (cooling period) for two years has not made any changes to the service conditions of the civil servants. However, the attempt to interfere with the natural duties and powers of the Parliament reveals the chaos of the civil servants.
There are many reasons why the 'cooling period' should be maintained for at least two years, the public opinion is also strong in favor of it, the parliament committee has decided on it, there is no turning back from it. Even after the 'cooling period', it is advisable to amend other laws so as not to give appointments on the basis of merit, but for the credibility of the constitutional body, to arrange for the appointment of officials through open competition.
Not having a 'cooling period' has made the leadership of the civil service extremely opportunistic. There is a growing tendency to establish a relationship of self-interest with the political leadership and arrange the 'setting' of another appointment while remaining in office or upon retirement. For example, the then Chief Secretary Somlal Subedi, who was in office until July 20, 2075, went to work as an alternate executive director of the Asian Development Bank (ADB) from July 1, 2074 without even resigning from the post.
Similarly, the then Chief Secretary Lokdarshan Regmi, who was in office till October 10, 2077, dramatically resigned as Chief Secretary about 25 days ago. The Cabinet meeting accepted his resignation shortly before the meeting of the Council of Ministers, and also recommended him as the Nepali Ambassador to the UK. Regmi resigned to make it easier for the then Foreign Secretary Shankardas Bairagi to become the Chief Secretary.
The cabinet meeting that accepted Regmi's resignation and recommended an ambassador to Britain appointed Bairagi as chief secretary. Uta Bairagi also resigned as Chief Secretary on May 31, 2080. The very next day i.e. the cabinet meeting on May 32 appointed him as the National Security Adviser.
Just as Regmi paved the way for Bairagi, so Bairagi paved the way for Vaikuntha Aryal. Aryal, who was retiring as the Secretary of the Prime Minister's Office on June 2, was also made the Chief Secretary from the Cabinet meeting on June 32, all this was done in collusion.
2081 The then Chief Secretary Liladevi Gattoula, who was compulsorily retired on 15th August, has been appointed as the Chairperson of the 'Disappeared Persons Inquiry Commission'. Prem Rai, who resigned as Home Secretary on January 20, 2076, was recommended as the head of the Abuse of Authority Investigation Commission at the controversial Constitutional Council meeting on December 30, 2077. The then incumbent secretary of the Ministry of Federal Affairs and General Administration, Dinesh Kumar Thapalia, was recommended to be appointed as the Chief Election Commissioner by the Constitutional Council meeting held on Chait 11, 2075.
This kind of opportunistic tendency of the civil leadership is polluting the civil service and the constitutional bodies themselves. At the same time, the dignity of other constitutional and state positions obtained from 'setting' is also losing. A 'cooling period' is a practical and robust option to improve this.
It is not that the special abilities of the people who get new appointments while in office or upon exiting are appreciated, rather the proximity to a certain party is beneficial. While in office, such closeness is established by becoming an ally of the interests of the relevant party or an influential leader within the party. Such a trend has made the commitment of the concerned employees to the constitution and the law to be lost in the interests of the party or the leader.
On the other hand, even after reaching a constitutional body or a government position, it is established that the interests of the party that took the leadership are thought of for their appointment. For example, the Election Commission could not take a decision on the authority of the leadership in the then NCP dispute. It was understood that the KP Sharma Oli-led government had recommended Dinesh Thapalia as the head of the Commission and it was done with the assessment that Oli would be harmed if the Commission took a decision.
With such references, the image of the related organization and its officials is getting eroded. By keeping the 'cooling period' long, the employee can perform without being influenced by the lure of immediate appointment while still in office. The relationship of political interest becomes loose. Public image and ability get tested. It is also easy to establish justification when appointed at that time. It is not unnatural for a
employee or anyone to look for an opportunity according to their abilities. But even after working for years, it is not fair that the state should immediately appoint them to another place or adopt a policy of giving them. Competent people should pay attention to the development of the system, not to pay lip service to the parties and leaders.
Therefore, the decision made by the State Order and Good Governance Committee will not only strengthen the commitment of the personnel administration, but also make the dignity and intervention of the constitutional and state positions effective. Legislators have the right and responsibility to make laws. They should fulfill their role confidently. The role of Parliament will be in crisis if the law-making process is blocked due to the pressure of the employees and the leaders.
