The Supreme Court (SC) has refused to issue interim order in the petition filed by Hitendra Dev Shakya against appointment of Kulman Ghising as managing director (MD) of the Nepal Electricity Authority (NEA).
A single bench of Chief Justice (CJ) Cholendra Shumsher Rana has refused to issue interim order demanded in the petition filed by Shakya claiming claiming that appointment of Ghising when he was in the position is against the law and the principles explained by the SC, according to SC Spokesperson Baburam Dahal.
"Shakya seems to have been appointed to the vacant position of expert at the Water and Energy Commission keeping him as deputy executive of NEA as per the Cabinet decision on August 9. Interim order need not be issued as demanded as the applicant doesn't seem to have been removed from his position from the current situation," the bench has stated.
The bench has also asked the government to furnish written response giving reasons as to why interim order should not be issued in the petition of Shakya, and instructed that hearing be scheduled once the written response is received in a way that no party can delay it.
A single bench of CJ Rana earlier had sought original files of separate Cabinet decisions to appoint Shakya and Ghising as NEA chiefs. The case was again assigned to CJ Rana's bench on Tuesday after the original files were submitted by the government.
Shakya had registered the petition claiming that appointment of Ghising when he was in the position is against the law and the principles explained by the SC.
"It is beyond dispute that I have not resigned from the post of MD of NEA. It is also beyond dispute that the defendant Government of Nepal has not taken decision to remove me from the position on any legal basis providing me an opportunity for hearing," Shakya's petition points. "The act of appointing Kulman Ghising in the post where I continued as MD of the NEA in such situation is against the law and justification."
He also expressed dissatisfaction with his appointment as an expert at the Water and Energy Commission claiming that he was replaced with Ghising before he accepted the post undermining his valid expectation to serve in and lead the NEA.
The Cabinet meeting on August 9 had reappointed Ghising on proposal of the Energy Ministry.
Ghising, who was appointed MD by the then energy minister Janardan Sharma from CPN (Maoist Center), is hugely popular after ending load-shedding during his four-year term at the state electricity monopoly.
He retired last year after the then KP Sharma Oli government did not opt to give him a second term.
