KATHMANDU, March 28: A single bench of Justice Abdul Aziz Musalman has started hearing the writ petition filed by former managing director of the Nepal Electricity Authority (NEA), Kulman Ghising, concerning his dismissal.
The writ petition filed by newly appointed NEA Managing Director, Hitendra Dev Shakya, which was re-filed on Wednesday, has been scheduled for hearing today. However, it will only be heard if time permits, as the bench is currently hearing Ghising's petition.
Ghising filed his writ petition on Wednesday, challenging the government's decision on Monday to remove him as NEA managing director.
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Shakya was initially appointed as NEA's Managing Director for a four-year term in late July 2020. However, on August 10, 2021, the then government transferred him to the Water and Energy Commission at the Ministry of Water Resources, replacing him with Ghising. Shakya’s petition, which challenges that decision, remains unresolved. On Monday, the government sacked Ghising and reinstated Shakya as Managing Director.
In his petition, Shakya claims that his four-year tenure, determined by the Cabinet under Clause 3.1 of his contract, covered the period from February 11, 2021, to February 10, 2025. He has demanded that no further administrative procedures be carried out without proper judicial resolution.
Shakya contends that he was removed from the NEA Managing Director position via email on August 12, 2021, and reassigned as the Energy Expert Member at the Water and Energy Commission. The Cabinet's decision on August 10, 2021, appointed him for a four-year term at the commission, ensuring remuneration and benefits equivalent to his previous NEA position. The Supreme Court had previously ordered the submission of documents related to the dispute on August 24, 2021. However, repeated delays in scheduling, including hearing postponements and the absence of a bench, left the case unresolved between May 15, 2021, and February 3, 2025.
Furthermore, Shakya asserts that he was deprived of financial benefits entitled to him during his tenure. His petition states, "As I did not resign from the position of NEA Managing Director and was not formally removed, my position remains intact. Therefore, I am entitled to all financial benefits, including salary and allowances, for that period."