The four-member panel headed by Joint Secretary Sadhu Ram Sapkota at the Ministry of Peace and Reconstruction (MoPR) maintained that restoring those ´deserters´ in their previous jobs will not only set a bad precedent, but also erode the morale of the security personnel, who performed their duty despite severity and risks in the course of the armed Maoist insurgency. [break]
Three other members of the panel included Joint Secretaries Dwarika Prasad Acharya (Ministry of Home), Murari Prasad Sharma (Ministry of Defense) and Mahendra Guragain (Ministry of General Administration).
Though the panel formed by the Minister for Peace and Reconstruction Top Bahadur Rayamajhi on October 18, 2012 was asked to submit report within one month, the panel could submit its report to Peace Secretary Dharanidhar Khatiwada only a few days ago due to delays. “The panel has categorically suggested to the government not to restore them in their former jobs saying this will bring various kinds of negative implications in their respective organizations,” said Deputy Spokesperson Prem Prasad Sanjel at the MoPR.
The number of ´deserters´ from Nepal Police, Armed Police Force, National Investigation Department, Nepal Army and those quitting civil service under pressure from then rebel party stands at 46,490. After the ´deserters" launched protest demanding reinstatement in their former jobs, Minister Rayamajhi had decided to form a Study Committee.
Deputy Spokesperson Sanjel said the panel has said that existing laws do not allow reinstatement of those who have resigned so various laws and acts governing the police, military and civil services need to be amended. “It will be against the existing law to reward such persons through restoration instead of punishing them as per the existing laws,” the panel has said, while referring to the Military Act wherein a ´deserter´ will have to face a life-long imprisonment.
The report has suggested to the government to seriously consider various negative implications of reinstatement. It has said reinstatement of deserters will degrade the morale of those who continued in their jobs during the conflict and the government will have to pay huge amounts in accumulated salaries among other things. “The government also needs to think whether it is justifiable to amend various acts and laws just to address the demands of ´deserters´,” the report has further stated.
While suggesting to the government not to take any decision toward restoring the deserter security personnel and civil servants, the panel has asked the government to provide them alternative options if the government feels its responsibility toward them. “The panel has suggested that they could be given employment in other alternative areas such as Chure Conservation or Industrial Security,” said Deputy Spokesperson Sanjel.
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