‘Special post’ created for suspended Chief Secretary Aryal courts controversy

KATHMANDU, July 5: The creation of a special position at the National Planning Commission (NPC) by the government, going against the law, for the Chief Secretary Baikuntha Aryal, who was suspended due to corruption charges, has garnered controversy.

The coalition government which includes CPN-UML, Maoist Center, Janata Samajbadi Party (JSP) has appointed suspended Chief Secretary Aryal to the new position. Surya Nath Upadhyay, a former Chief Commissioner of the Commission for the Investigation of Abuse of Authority (CIAA), has accused Prime Minister Pushpa Kamal Dahal of being an accomplice by assisting individuals involved in corruption cases. He said, “PM Dahal has become an accomplice by protecting a person involved in a corruption case by creating a special post for the suspended chief secretary.”

He said that the government has violated the CIAA Act. He said, “The CIAA Act has not been implemented to prevent corruption, and this will affect the state. A suspended person should not hold another position. If the suspects are found not guilty, they can return to the same position after getting a clean chit."

According to Section 33 of the Prevention of Corruption Act 2059 (2002 AD), in case any public servant is detained, he shall ipso facto be suspended until the period of detention. According to Section 24 of the same act, in case the offenses under this chapter have been committed by an office-bearer of a constitutional organ or body to be nominated or appointed by officer belonging to the special class of the Government of Nepal or officers of equivalent rank; Head, General Manager or officer of a public institution of equivalent rank, such person shall be liable to the punishment of imprisonment for a term of three years in addition to the punishment prescribed for such offenses.

As per Section 22, the accomplice who has given cash or kind or made available any other type of benefit to the public servant or any other person committing an offense or who has taken such benefits shall be liable to the punishment as equal to the person committing the offense.

Upadhyay said “The CIAA should immediately take control and start an investigation against PM Dahal who has led in creating a special position for and transferring a person who has allegedly caused harm to the nation by misappropriating funds. He is liable to action as per Section 22 of the Prevention of Corruption Act, 2059, accordingly.”

On June 23, Aryal was suspended after the CIAA filed a corruption case in the Special Court in Kathmandu. Following that, on June 24, the meeting of the Office of the Prime Minister and Council of Ministers chaired by PM Dahal created a special post equivalent to that of a Chief Secretary at the NPC for Aryal.

The CIAA has filed a corruption case against a company and 11 people including Aryal, chief secretary of the government, and Ritesh Kumar Shakya, a joint secretary of the Ministry of Finance, demanding compensations worth Rs 386.7 million.

The CIAA claims that this is the first case against the incumbent chief secretary of the government. Aryal is a former secretary of the Ministry of Communication and Information Technology (MoCIT) and a former chairman of the Security Printing Development Committee (SPC). At the same time, a case was lodged regarding corruption in the purchase of excise duty stickers.

He was suspended after a corruption case was lodged against him as per the legal provision of suspending a public servant or a person holding a public position. However it seems that the government rewarded the suspended person by creating a special post instead.

Being prosecuted on corruption charges does not equate to being convicted of corruption. According to provisions, individuals holding public posts remain suspended until the case reaches a final decision.

The government promoted Aryal to the post of chief secretary with three days remaining in his three-year term as secretary. He would have retired in June 2023 had he not been promoted to the post of chief Secretary.

Ganesh Raj Joshi, who also served as the former Acting Chief Commissioner of the CIAA, said that another post may be created as an additional person has to be appointed as the Chief Secretary. He said, “The Act has outlined the suspension. No matter whatever his job is, he shall be suspended. He is not allowed to work. We do not understand the government's intention.”

A photo of the Chief Secretary and ex-officio member was posted on the NPC’s website. According to the commission, Aryal has not gone to work. According to the existing provisions, a suspended official gets only half of the salary until the case against them is decided. If the accused is acquitted by the court, there is a provision to get all the remaining services and perks and benefits of the period of suspension.

During the meeting of the House of Representatives (HoR), lawmakers raised a question as to why a person who was going to retire after 3 days was made the Chief Secretary? Similarly, MP Bina Lama raised a question in parliament, “How was the state going to benefit from this? Isn’t it an ethical question for the prime minister to add to the financial responsibility of the country by appointing him as the chief secretary just three days before his retirement?”

Recently, cases have also been filed against municipalities, rural municipalities, mayors and deputy mayors. So far, a total of 1,468 cases of corruption and irregularities have been filed at the Special Court from mid-July. According to Devi Prasad Thapaliya, assistant spokesperson for the CIAA, 494 civil servants have been suspended after cases were filed against them. Similarly, 93 people's representatives are suspended.

Thapaliya said that cases have been lodged against 172 people from various consumer committees, two professional accountants, one middleman, 87 entrepreneurs and 619 individuals.