KATHMANDU, June 11: The Commission for the Investigation of Abuse of Authority (CIAA) has directed the government to immediately investigate whether Members of Parliament (MPs), civil servants and public office holders have obtained foreign citizenships and residence permits. The CIAA issued this instruction after people holding public positions were found to have foreign citizenship and residence permits.
According to CIAA sources, this directive was issued due to concerns related to government employees. The CIAA has alerted the government that there is a problem in the investigation due to the lack of proper inquiry by government agencies. "Issues arise when a person is appointed without verifying their foreign citizenship or residence permit status. When the CIAA submits a proposal to the Council of Ministers, the person being appointed to a public position must submit a declaration stating whether or not they have acquired foreign citizenship or residence permits," said a letter sent to the Cabinet Office through the Chief Secretary.
Because some public bodies have not implemented the legal provisions, individuals with foreign citizenship and residence permits are being appointed to public positions. For individuals who need to be appointed by the Government of Nepal, it has been stated that their foreign citizenship or residence permit status must be confirmed when submitting the proposal to the Nepal government.
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In addition, the CIAA decided on April 22,2024 to send a written suggestion through the Chief Secretary of the Government of Nepal, instructing all agencies to make it mandatory for individuals to submit a declaration. The Commission also advised making the necessary legal arrangements for other public bodies accordingly.
Although this decision was made on April 22, it was only recently received by the Prime Minister's Office (PMO), according to an employee of the PMO. The CIAA has instructed, through the Chief Secretary, that other public bodies also adhere to the previously specified legal provisions. Article 291 of the Constitution of Nepal includes specific provisions regarding disqualifications for appointments.
According to Article 291 (1), regardless of any other provision in this Constitution, a Nepali citizen who holds a permanent residence permit of a foreign country shall not be eligible for election, appointment, or nomination to any position specified for election, appointment, or nomination in this Constitution. "Such individuals who have renounced their foreign permanent residence permits shall not be disqualified from being elected, appointed, or nominated to such positions after a minimum period of three months from the date of renouncement," states the provision.
The controversy began when the Office of the Attorney General, serving as the government's legal advisor, issued a 'clean chit' to Home Minister Lamichhane. In response, a writ petition has been filed against Home Minister Lamichhane and Attorney General Dinmani Pokharel regarding the Attorney General's letter requesting Home Minister Lamichhane's suspension during the investigation process. Lamichhane submitted the application to the Office of the Attorney General on April 22.
The Office of the Attorney General issued an information letter on May 6, revealing that no response had been received after inquiries were made at the relevant office. The information letter stated, "In connection with any inquiry, investigation, or complaint filed or not filed, District Government Attorney Offices in Rupandehi, Chitwan, and Kaski have been instructed to send a response if no discrepancies, inquiries, or prosecutions have been seen so far." "In reference to the written letter from the Office of the Attorney General dated May 6 and the public notice registered at the District Police Office, Kaski, on February 25, 2024, additional examination is being conducted to ensure that an interim order is not issued prematurely, as stated in the previous order issued by the Supreme Court. "Evidence of the fraud related to the public notice for inquiry into the scam is to be presented along with certified copies of the document," it added.
Similarly, according to Article 291 (1) (2), provisions regarding the acquisition of permanent residency permits from abroad in relation to Nepali citizenship shall be governed by federal law. Section 61 (2) of the Civil Service Act, 2049 BS, stipulates that individuals from foreign countries who have obtained permanent residency permits or have applied for them in the future shall be rendered ineligible for government service and shall be dismissed from service. Similarly, Section 10 (1) of the same Act states that individuals who have been dismissed from service on grounds of being ineligible for government service in the future shall not be eligible to apply for positions in the civil service.
Bikal Poudel, the former executive director of Surakshya Printing Center, assumed the position while holding a legal permanent residence permit in the United States. The CIAA also filed a corruption case against him. The CIAA filed a case in the Special Court, arguing that despite holding a legal permanent residence permit in the United States, he was reinstated to a government position in Nepal.
After filing a case against Paudel for violating the provisions of Article 291 of the Constitution of Nepal, the CIAA directed the government to investigate instances of foreign permanent residence permits being held by government employees and others.
