KATHMANDU, Dec 19: The Supreme Court (SC) has ordered the government not to transfer Dr Pushpa Chaudhari, secretary at the Ministry of Health and Population (MoHP), to the Office of Prime Minister and Council of Ministers (OPMCM).
Scrapping a vacate appeal registered by the government on November 21 against an SC order staying the cabinet decision to transfer Dr Chaudhari to the OPMCM, a joint bench of justices Meera Khadka and Ishwar Prasad Khatiwada on Tuesday cleared the way for Dr Chaudhari to continue as the secretary at the MoHP. The joint bench ordered the government to let Dr Chaudhari return to her work.
Earlier, accusing Dr Chaudhari of unsatisfactory performance, the government had transferred her to the OPMCM and assigned Dr Sushil Nath Pyakurel as the acting secretary at the MoHP.
Dr Chaudhari moved the SC on November 1 against the government decision to transfer her. On November 2, a single bench of Chief Justice Om Prakash Mishra issued a stay order in favor of Dr Chaudhari.
However, the government filed an application at the SC on November 21, urging the court to vacate the stay order. And, without waiting for the apex court's decision on the vacate appeal, the government transferred secretary at the OPMCM, Kedar Bahadur Adhikari to the MoHP. Adhikari started attending his new office at the health ministry from December 10.
On December 12, the apex court had sought the details of the cabinet decisions to transfer Dr Chaudhari to the OPMCM and Adhikari to the MoHP, following a joint hearing on Dr Chaudhari's writ and the government's vacate appeal.