The Law, Justice and Human Rights Committee of the House of Representatives (HoR) has overturn the National Assembly decision about administrative court.
The Legislation Management Committee of the National Assembly had proposed to keep the administrative court under a bench of the High Court against the government proposal to keep a powerful administrative court.
But the HoR committee has undone the National Assembly's decision and revived the proposal for formation of a powerful administrative court in Kathmandu. It has also proposed formation of administrative court even in the province if over 200 related cases were filed in any province.
Cases related to transfer and promotion of staffers among others can be taken to the Supreme Court (SC) only to appeal the decisions of the administrative court as per the proposal.
The cases related to transfer and promotion of police personnel and other staffers including civil servants, teachers of community schools and public institutions are directly taken to the SC now.
The government claims that the load of SC will be alleviated by 17-23 percent once the administrative court comes into operation.
Chairman of the administrative court Kashi Raj Dahal had taken exception to the proposal of National Assembly and was lobbying to keep it as a separate court. The National Assembly had proposed to keep a three-member bench--including two High Court justices and a retired special class civil servant, in each High Court for the purpose.
HoR lawmakers had argued that keeping a person out of the judiciary in the High Court bench is not right and warned that would set a bad precedent.
The bill ensures that the cases settled by the administrative court can be appealed at the SC only if there were serious constitutional or legal mistakes in the administrative court verdict or it contravened the SC precedents and principles put in place by the Apex Court.
The bill will become law only if the National Assembly accepts the HoR's proposal. It would move through a joint session of the two Houses if National Assembly were to reject it.
