This arrangement has become a headache for high-ranking employees who are looking for various opportunities to earn enough money to take up posts in constitutional bodies after retirement.
What you should know
Controversy over the 'cooling off period' has flared up again in the Federal Civil Service Bill, which passed through the House of Representatives and passed through the House of Representatives to the National Assembly, setting aside the long debate.
In the Federal Civil Service Bill, the bill became controversial after a two-year deadline was set for only civil servants.
Leaders of political parties, high administrators and most of the civil servants have been saying that since the arrangement of 'cooling off period' is only for civil service, this arrangement should also be kept for professors, teachers, police, army, and officials working in public institutions . In the bill, there is a provision to wait for two years for the retired employees from the secretary or joint secretary level to get any appointment.
If the system of 'cooling off period' is implemented effectively, employees at the policy level of public bodies will be temporarily restricted from taking jobs in constitutional bodies and private sector after retirement, while people who have gained expertise and experience in the external sector will get opportunities . It makes the staff administration accountable and responsible to support institutional governance.
But the chief secretary and secretaries are dissatisfied with this arrangement . This arrangement has become a headache for the high-ranking employees who are looking for many opportunities to earn enough money and to take up the post of the constitutional body as soon as they retire. Even after retirement, high administrators who want to hold attractive positions in various government agencies have a tendency to cheat their political parties against their professional dignity and competence.
The current practice of appointment in constitutional bodies is not fair and predictable. The latest example of this is the fact that various constitutional positions including Chief Election Commissioner, Commissioner, Chairman of the National Finance Commission have been vacant for a long time . The positions of constitutional bodies have been vacant for a long time due to the trend of not giving them to experts and skilled officials outside the civil sector. Therefore, there is a tendency among high administrators to secure their seat by pleasing the political party before retiring.
The suggestion that the 'cooling off period' should be more than two years was given by the administrative reform suggestion committee formed under the leadership of former administrator Kashiraj Dahal 12 years ago. But it was not implemented . This provision was not even in the draft of the bill on the formation, operation and conditions of service of the federal civil service registered in the parliament on 21st February 2080. This provision was added to the bill only after the parliamentarians demanded a 'cooling off period' when giving constitutional and political appointments to employees who have worked in the public service during the discussion in the State Order and Good Governance Committee.
is implemented in different ways in different countries. In India, there is a two-year 'cooling off period' for high government posts in the judiciary and regulatory bodies. In the US, government officials, members of Congress, military officers, and ex-government employees in regulatory agencies are prohibited from lobbying the government on behalf of private companies for two years and from working in the private sector directly related to government services. In the UK, civil service, senior officials and ministers must obtain government permission before leaving to work in commercial organizations and private positions for at least two years after leaving office. In Australia, former ministers and senior government officials have been banned from working with private companies for 18 months.
There is a provision in the Constitution of Nepal, 2072 that constitutional officials cannot be appointed to another government service after retiring from office. There is a policy that high officials of banks and financial institutions cannot go to another competitive institution immediately after leaving their post. In the circular of Nepal Rastra Bank, it is mentioned that a 'cooling off period' of at least 6 months is required for senior officials working in banks and financial institutions to become the chief executive officer of one bank after leaving the position.
With us, one has interfered in each other's field of work and used it for self-interest . The latest example of this is the administration's intervention in the arrangement of 'cooling off period' decided by politics. To put an end to administrative distortions and to make constitutional appointments fair and credible, it is mandatory to have a 'cooling off period'.
