The CIAA had recommended action against Gyawali and other officials of the Ministry of Energy and Nepal Electricity Authority claiming that they accepted a tender bid of Mohan Energy Corporation going against the legal provision in the tender process of Solu Corridor Transmission Line. Following the CIAA directive, the then prime minister Sushil Koirala had sacked Gyawali from the post of minister.Gyawali had moved the apex court on September 30, 2014 demanding a court order to annul the CIAA directive.
Giving final verdict on Gyawali's writ petition, a bench of Chief Justice Kalyan Shrestha and Justice Jagadish Sharma Paudel on Wednesday issued the writ and annulled the CIAA directives.
The CIAA had also directed Ministry of Energy to take action against NEA board members Laxman Prasad Agrawal and Manoj Kumar Mishra and seek clarifications from board member Suraj Lamichhane, NEA Managing Director Mukesh Raj Kafle, and members of bid evaluation committee NEA Project Chief Janardan Prasad Gautam, Joint Accounts Officer Indira Shrestha, Deputy Managers Ramesh Prasad Paudel and Rajan Dhungel, and Deputy Legal Officer Dhrubaraj Bhatta.
As they all had also filed writ petitions against the CIAA directives, the Supreme Court on Wednesday said that there is no need to take action against them also.
The CIAA then had argued that the NEA Board had decided to award the contract to develop Solu Corridor 132 KV transmission line to second lowest bidder Mohan Energy Corporation (P) Ltd without giving any opportunity to the lowest bidder -- JV of Jaguar Overseas Ltd and BS Ltd -- to furnish clarifications on some minor issues in its technical proposal.
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