The controversy over the 'cooling off period' provision in Nepal's Civil Service Bill has exposed the selfishness of the bureaucracy and the weakness of the legislative process.
This is not only legal ambiguity, but also bureaucratic and systematic bullying of political power centers.
Especially the questionable role of the Chairman of the State Order and Good Governance Committee, Ramhari Khatiwada, has shown the seriousness of this scam and the need to completely restructure the bureaucracy. The 'cooling-off period', which prevents an employee who resigns or retires from civil or other government service from taking up a constitutional or government post for two years, is an important tool to ensure good governance and fairness. However, the unanimous decision of the Committee rendered Section 82 (4) null and void by the conflicting provision added to Section 82 (5) (a), which exempted constitutional, diplomatic and other appointments made by the Government. Khatiwada's role in this trap is highly questionable. MPs Hridayram Thani, Hitraj Pandey and Prakash Adhikari have alleged that he was directly involved in adding conflicting provisions against the consensus of the committee.
Committee chairman Khatiwada assured to prepare a report without holding a final meeting, but it has been revealed that contradictory provisions have been added. Even though he blames General Administration Minister Rajkumar Gupta, he cannot shirk his responsibility. The parliamentarians have expressed suspicion that this change was made due to repeated discussions of Khatiwada with Prime Minister KP Sharma Oli and Congress President Sher Bahadur Deuba and their pressure. This action has raised serious questions about Khatiwada's intentions and the autonomy of the committee.
This case is also the result of the corruption and unhealthy alliances of the bureaucracy. The MPs have said that the Chief Secretary and Secretaries have threatened to make this provision ineffective by threatening mass resignations. The former secretary Mukund Sharma termed such actions as 'criminals of the personnel system' and mentioned that similar manipulations have taken place in the past as well.
Committee Chairman Khatiwada's questionable role requires an independent investigation and action. To ensure accountability in the bureaucracy, strict policies, transparency in the legislative process and an end to political interference should be put in place. The National Assembly should correct this error and restore the consensus of the committee. Otherwise, the corruption of the bureaucracy and the negligence of leaders like Khativada will further erode people's trust in parliament and good governance.
– Santosh Simkhada , Tokyo, Japan
