Kansakar, Acting Assistant General Managers Raju Bahadur KC and Ganesh Thakur, Acting Director Gyanendra Purush Dhakal, Director Mayur Sumsher Rana and Acting Deputy Director Keshav Raj Sharma jointly filed the petition at the SC. [break]
According to the the writ petition filed by the defendants, the provisions in Article 149 confers the prosecution rights on the commissioner, therefore, a secretary cannot file case against them.
The writ petition, accusing Kansakar and other officials of embezzling millions of rupees, was filed by Bhagwati Kafle, a secretary at CIAA. "CIAA secretary can only monitor the alleged irregularities.
He cannot take the decision to file case against any one," states the writ petition, adding, "CIAA´s charge-sheet at the Special Court against us is thus unconstitutional."
They have also pleaded the SC to nullify CIAA´s charge-sheet. Concluding that Kansakar and five others officials embezzled Rs 57.3 million by sending non-refundable money to the Airbus Company flouting Public Procurement Act, the Anti-graft body had filed a corruption case a week ago.
The Special Court has already summoned Kansakar and other officials to appear before court within 15 days.
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