Social Welfare Council Vice-chair Monika Bhattarai Adhikari has resigned from her post after a complaint was lodged with the Commission for the Investigation of Abuse of Authority and the Ministry of Women, Children and Senior Citizens alleging that she had obtained a permanent resident (PR) card of the United States.
Minister for Women, Children and Senior Citizens Surendra Raj Acharya, who is also the Council’s chairman, told Setopati that he had received a written resignation from Monika and has already approved it.
A complaint had been filed against Monika over her alleged PR card even before she was appointed vice-chair of the Council.
According to rules, a person who has obtained a foreign permanent residence permit cannot be appointed to a public post. But Nepali Congress leader Uma Regmi had appointed her daughter-in-law as vice-chair of the Council against the rules when she was a minister.
Regmi was minister for women, children and senior citizens in the coalition government headed by NC President Sher Bahadur Deuba in 2021. After Regmi recommended her daughter-in-law Monika as vice-chair of the Council for a four-year term, a Cabinet meeting held on November 18, 2021, decided to appoint her to the post. Monica is the wife of Regmi’s son Bijay Adhikari.
Regmi was then criticized for appointing her daughter-in-law as the Council’s vice-chair against the rules.
The NC-affiliated Federation of Democratic NGOs Nepal even submitted a memorandum letter to Regmi demanding that she rectify the decision.
The Federation said that the Good Governance (Management and Operation) Act, 2008, also prohibited Regmi from appointing her daughter-in-law to the post.
“Official authorized to make decision pursuant to this Act or other laws in force, shall not decide the matter with conflict of interest by the fact that his/her direct benefit, concern or interest is involved in the matter, or the decision directly affects his/her successor or close relatives or provides direct benefit to the business or profession carried out by the member of the joint family of the decision maker,” Section 18 (1) of the Act states.
The Civil Service Act, 1993, is also used as a basis when making appointments to public posts.
According to Section 49 (b) of the Act, no civil employee shall obtain a permanent residence permit or apply for such a permit.
Article 291 of the Constitution also says that a Nepali citizen who has obtained a foreign permanent residence permit is not eligible for appointment.
“Notwithstanding anything contained elsewhere in this Constitution, a citizen of Nepal who has obtained a foreign permanent residence permit shall not be eligible for election, nomination or appointment to an office to be elected, nominated or appointed in accordance with this Constitution,” Article 291 (1) of the Constitution states.
It adds that nothing shall prevent electing, nominating or appointing a person who has renounced such foreign permanent residence permit to such office after the expiry of a period of at least three months.
