Writ petition claims four CIAA commissioners ineligible

Published On: November 17, 2016 08:13 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Nov 16: A writ petition has been filed at the Supreme Court arguing that four commissioners of the Commission for the Investigation of Abuse of Authority are ineligible for their posts.

The petitioner has aruged that the four are also ineligible for their posts just like the suspended chief of the anti-graft body, Lok Man Singh Karki.

After Karki was suspended from CIAA chief last month after an impeachment motion was brought against him in parliament, the CIAA is now led by five commissioners -- Deep Kumar Basnyat, Nabin Kumar Ghimire, Sabitri Gurung,  Ganesh Raj Joshi and Raj Narayan Pathak. Commissioner Basnyat is working as acting chief commissioner on the basis of seniority.

The writ petition filed by advocate Dakshya Bahadur Chhetri argues that except for commissioner Raj Narayan Pathak other commissioners do not meet the criteria for the posts. A writ petition questioning the eligibility of suspended chief Karki is already at the Supreme Court.

Article 119 (e) of the Constitution has a provision which says one should have at least 20 years of experience in field of accounts, revenue, engineering, law, development or research and he/she should be a distinguished person to qualify for the post. 

Commissioners Basnyat, Ghimire and Joshi, who came from the civil service, and professor Gurung, according to the writ petitioner, do not meet the criteria as set out in the constitution. The writ petitioner has claimed that since the constitution has not envisioned civil service as required qualification, the commissioners except for Pathak are not eligible to hold the office.

Advocate Chhetri has demanded that the commissioners should be relieved of their posts.

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