According to PSC member Tiakdatta Niraula, the commission sent two separate letters to the Prime Minister´s Office (PMO) and Ministry of Home Affairs (MoHA) seeking details as to why they flouted constitutional and legal provisions in the course of the promotion. [break]
"Government blatantly flouted law while promoting Rana to AIG," said Niraula, adding, "Government cannot promote any DIG or AIG without prior consent or recommendation from a promotions committee formed as per ´General Principles.´"
However, MoHA Secretary Leela Mani Paudyal said there is no precedence of consulting the promotions committee for giving promotions to top police officials as claimed by the PSC. "The practice so far is that the government gives promotions as per Police Regulations and no other laws are consulted."
As per the provision incorporated in Article 126 (6) of the Interim Constitution, and Clause 17 (1&3) of PSC Act 2066 BS, government agencies must formulate ´General Principles´, which have equal status as the law, with PSC nod before appointing or promoting anyone to the post of DIGs or AIGs.
The promotions committee comprises PSC chairman or a PSC member authorized by PSC chairman, home secretary and police chief.
According to Niraula, government defied provisions incorporated in Article 126 (5) of the Interim Constitution while promoting Rana. "PSC shall be consulted on the general principles to be followed in the course of appointing and giving promotion in any position of the army service, armed police, police service or other government services," reads the provision in Article 126 (5).
Provisions in clause 17 (1&3) of the PSC Act 2066 BS also envision that the government should promote or appoint anyone to the post of DIG or AIG only on the basis of recommendations of a promotions committee.
"MoHA and Nepal Police Headquarters had consulted PSC in the course of formulating ´general principles´. We had advised them to formulate ´general principles´ before promoting DIG or AIG," Niraula said, adding, "As per the ´general principles, there is a promotion committee for recommending promotion for DIG and AIG and the government has to accept the recommendations made by that committee."
Niraual added that ´general principles´ were formulated as per the Article 126 (5&6) of the Interim Constitution and Clause 17 (1&3) of PSC Act and the principles have equal status as the law. "This is blatant violation of constitution, law and general principles," Niraula said.
Another source at the PSC said, "Rana´s promotion can be declared null and void if anyone challenges it at the court."
Niraula also added that general principles are powerful than any other regulations formulated by MoHA or Nepal Police Headquarters to this effect. "Ultimately, General Principles prevail if any complications arise," he said.
In two letters sent to PMO and MoHA, the PSC has sought details as to why the government didn´t call a meeting of the promotions committee and didn´t even feel the need to seek consent of the committee.
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