KATHMANDU, May 9: The Commission for the Investigation of Abuse of Authority (CIAA) filed an appeal against the Special Court's decision in the National Payment Gateway corruption case. The appeal, filed on Thursday, challenges the acquittal of former Secretary Madhukumar Marasini and others.
The CIAA initiated the case, accusing irregularities in the purchase of the gateway under the LMBIS budget entry. It alleged that the proper procedures were not followed, and approval was not sought from the National Information Technology Center (NITC). The CIAA also claimed that the necessary preparation documents were missing and 25 million was allocated beyond the budget ceiling.
The NITC purchased and operated the gateway, which involved both technical aspects and banking operations, requiring coordination with stakeholders. However, the authorities failed to carry out this coordination. Additionally, they did not follow mandatory procedures, such as preparing a procurement plan in accordance with the Public Procurement Act and obtaining approval from the head of the public entity. The authorities approved the cost estimate without fulfilling these requirements.
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Furthermore, they provided false details and decided to request an international letter of intent. Contrary to the gateway contract terms, consultants submitted bills before completing the work, and the technical team presented reports on completed tasks and submission documents, which led to payment recommendations. The authorities made the payment two years after procuring the service, submitting supporting documents that were found to be legally questionable.
Various reports have clearly shown that authorities have failed to put the purchased gateway system into operation, and it is not in a condition to be operational. The case names Sanjay Sharma, Pranita Upadhyaya, Sunil Paudel, Rambahadur Budha, Rameshprasad Pokhrel (also known as Ramesh Pokhrel), Ramsharan Gayak, and Madhukumar Marasini as defendants.
The CIAA has accused the defendants of negligence and malicious intent in their duties, causing the mismanagement of assets belonging to the Nepal government and public institutions. This mismanagement resulted in a loss of over Rs 23.27 million to the state.
The CIAA sought compensation equivalent to the loss under Section 17 of the Prevention of Corruption Act, 2002, and also called for imprisonment and fines for the defendants. However, the SC partially acquitted the accused in its decision on May 7, 2024. The CIAA has appealed this decision in the SC.
At the time, Sharma held the post of Secretary at the then Ministry of Science and Technology and also chaired the National Information Technology Center. Upadhyaya served as the Executive Director of the NITC, while Shrestha worked as its Director. Marasini headed the Budget and Program Division at the Ministry of Finance and now serves as Secretary at the Office of the Prime Minister and Council of Ministers. Among those acquitted, Pokhrel worked as the center’s Assistant Director, and Budha served as an accounts officer. The CIAA also named then accounts officer Nimbahadur Oli and computer engineer Ramsharan Gayak as defendants in the case.
