August 14, 2019 06:30 AM NPT
KATHMANDU, Aug 14: Paving the way for conducting hearings on cases related to the transfer, promotion and dismissal of civil servants by the federal and provincial bodies, the House of Representatives endorsed the Administrative Court Bill on Tuesday.
The expanded structure of the Administrative Court under the federal structure will come into force after the bill is endorsed by the National Assembly as well. The Administrative Court is expected to reduce the load of cases related to the transfer, promotion and dismissal of civil servants including the employees of the state-owned enterprises in the regular courts.
Administrative courts shall be established in the provinces as well if over 200 cases were registered at the administrative bench of the respective province, reads the revised provision. The government had registered the bill at the upper house in June 2018 in a bid to restructure the existing Administrative Court in line with the federal setup.
Although the upper house had proposed dissolving the existing administrative court in Kathmandu and assigning all responsibility of hearings the cases of civil servants to the seven high courts, the lower house later overturned the proposal.
The lower house endorsed the revision made by its Law, Justice and Human Rights Committee to continue the Administrative Court in Kathmandu and establishing its provincial branches depending on the flow of cases at the administrative bench under the high court in the respective provinces.
“We have revised the bill through consensus so far and we are still open to any revision if needed including the provision of appeal at the Supreme Court,” said Minister for Law Justice and Parliamentary Affairs Bhanu Bhakta Dhakal while responding to the lawmakers' concerns in the House.
The upper house should take a decision on the bill within 60 days after the endorsement from the lower house. But if the National Assembly expresses objection to the revision by the lower house on the bill, parliament will convene a joint meeting of both houses to take a decision on the bill. With the endorsement of the bill, the term of the existing office-bearers and chairperson of the court will come to an end.