Umesh Mainali, chairman of the commission, said that the government's trend of transferring secretaries and other top officials at the commission frequently has seriously hampered the commission's functioning.He also said that the government's frequent intervention in the commission has not only hampered the effectiveness of the commission but will also pose serious questions over the independent body.
The PSC on Thursday held a press conference on its premises to draw attention of the government over the matter. In the last two months alone, the government has changed three secretaries at the commission. Secretary Bishnu Lamsal was transferred to the commission but barely had he started to work at the commission for two months, the government transferred him to the Ministry of Labor.
Then, the government transferred Secretary Shreedhar Sapkota at the commission. But within seven days, the government again transferred him from the commission to Ministry of Supply and replaced him with Secretary Madhav Regmi.
"While transferring the secretaries, the government did not seek suggestions from the commission despite legal provision for it. I must say the commission cannot execute its plans effectively if the government continues to meddle this way," said Chairman Mainali.
According to the PSC, the commission has written to the Office of the Prime Minister and Council of Ministers asking not to transfer officials from the commission without the commission's consent.
He said that the new constitution has widened the jurisdiction of the commission and so many preparatory works need to be done as per the constitution but the commission has not been able to carry out its works properly due to frequent change of secretaries at the commission.
Unlike in the past, the article 243 of the new constitution has empowered the commission with the responsibility of conducting the written examinations for the recruitment at the Nepal Army, Nepal Police, Armed Police Force, federal government services and corporate bodies. The corporate bodies mean any public enterprises including corporation, company, bank, committee, commissions to be formed under a federal law, authority, academy, board, centre, councils and similar institutions in which the government owns and controls more than fifty percent of the shares or assets, other than University and Teachers Service Commission.
It is not only secretaries that are transferred by the government without the commission's consent but it has also transferred several joint secretaries and other officials without the commission's consent.
For instance, Joint Secretary Rajiv Gautam of the commission was deputed to Ministry of Law without seeking consent from the commission. As per the Public Service Commission Act, the government should seek consent from the commission while transferring any official from the commission to other government bodies. Likewise, the government also should seek suggestions from the commission while transferring officials from one government body to another.
"The government itself is inviting bad practice in the public administration by transferring top officials frequently. We warn the government to refrain from such practice," said Mainali.
Similarly, Mainali also said the provision of new constitution that says government officials can be recruited in accordance with provincial laws is faulty. "There are doubts that selection and recruitment done in accordance with such legal provisions may not be neutral," he said.
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