The conclusion of the investigation committee that was deliberately messed up in the 'cooling off period'

All the seven members of the committee are of the same opinion that there is no human error in the provision in the bill to break the provision related to 'cooling off period'.

Shrawn 18, 2082

Jaya Singh Mahara

The conclusion of the investigation committee that was deliberately messed up in the 'cooling off period'

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After the State Order and Good Governance Committee of the House of Representatives had placed the provision of 'cooling off period' in the Federal Civil Service Bill, the Special Parliamentary Inquiry Committee has concluded that it was deliberately tampered with to make it ineffective. All the seven members of the committee are of the same opinion that there is no human error in the provision in the bill to break the provision related to 'cooling off period'.

 

 

 

The State Law Committee unanimously decided to include a provision in section 82 (4) of the bill that states that 'an employee who has resigned or retired from civil service or other government service shall not be appointed to any constitutional or government post before the completion of two years from the date of retirement'. After putting this provision, the provision that was already placed in the bill that 'not to be appointed to posts other than constitutional or diplomatic appointments and any other appointments made by the Government of Nepal' should have been removed. But after it was retained in Section 82 (5A), questions were raised everywhere. 

The House of Representatives formed a committee under the leadership of Congress MP Jeevan Pariyar to investigate the provisions placed in the Bill against the decision of the State Arrangements Committee, consisting of Sushila Thing, Narayan Prasad Acharya, Ishwari Gharti, Madhav Sapkota, Ganesh Parajuli and Roshan Karki. The committee is in the process of writing its conclusions. The committee members said that who was involved in maintaining the sub-section that makes the provision of 'cooling off period' ineffective, and what kind of action will be recommended to them, will be stated in the report.  According to a member of the

committee, from the preparation of the draft of the bill to the writing of the report of the parliamentary committee, the involvement of experienced high-ranking staff of the Ministry of Law and General Administration and the Parliament Secretariat, the 'lobbying' of the Chief Secretary, the Secretary General of the Parliament and the secretaries of the Government of Nepal against the 'cooling off period', it was concluded that there was no human error in the bill. Another member of the committee said that in the decision of the meeting of June 18 itself, it was not possible to say that it was a common error that the inquiry was demanded as there was conspiracy and maliciousness in the writing of the report. According to Jeevan Pariyar, coordinator of the

investigation committee, work is being done to submit the report to the House of Representatives meeting on July 19. "We submit a report with the shortcomings related to the cooling off period, action to be taken against the people involved and caution to be adopted in the future," he said, "the exact conclusion is yet to come." According to the members of the committee, there was a discussion in the committee's meeting on Saturday about who's role was to make the provision of 'cooling off period' intentionally ineffective. 

'The members have held an opinion on who is responsible for what and how many reasons. The Congress MP has said that he will give his opinion on Sunday, said the member. According to him, it is yet to be ascertained how much responsibility the law and general administration ministry officials involved in writing the report of the State Order Committee, State Order Committee Chairman Ramhari Khatiwada, Secretary Suraj Kumar Dura, Chief Secretary, Secretaries, Secretary General of the Parliament who engaged in 'lobbying' after the report was passed by the committee.

After the bill was passed by the State Arrangements Committee, Chief Secretary Ek Narayan Aryal openly "lobbied" against the "Cooling of Period" along with two dozen secretaries and Parliament Secretary General Padma Prasad Pandey. While the subordinate joint secretaries were writing the report, the chief secretary, general secretary and secretaries met Prime Minister KP Sharma Oli and Congress President Sher Bahadur Deuba and threatened to resign en masse. Dura, the secretary of the State Arrangements Committee involved in writing the report, was brought before the Speaker Devraj Ghimire and National Assembly Speaker Narayan Prasad Dahal by the chief secretary and secretaries. "Such action seems to influence the law making," said a member of the committee.

The parliamentary investigation special committee is preparing to discuss the action to be taken against the responsible officer in the meeting on Sunday. Point No. 3 of the mandate received by the committee mentions recommending action to those responsible. "The analysis of the facts is over, we have entered the process of determining who is to blame and drawing conclusions," said the member of the committee. The committee has called Kashiraj Dahal as well as the associate attorney and deputy attorney general of the Attorney General's office as experts to make the investigation effective. Computer and IT experts have been brought from Nepal Police. 

The House of Representatives set up a special investigation committee on June 23, setting a period of 21 days to study the fraud in the Civil Service Bill. The deadline was extended by one week after the investigation was not completed within the stipulated time. The committee has two each from the ruling Congress and UML and one each from the opposition parties Maoist, RSVP and RPP.

The basis taken by the inquiry committee to draw conclusions

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