The Supreme Court has summoned both sides for discussion in a petition filed by five Nepal Police officers including Additional Inspector General (AIG) Shyam Lal Gyawali.
Justice Saranga Subedi’s bench on Thursday summoned both sides to discuss whether to issue an interim order in the petition or not, spokesperson for the Supreme Court Achyut Kuinkel said.
AIG Gyawali, Deputy Inspectors General (DIGs) Yagya Binod Pokharel, Rajesh Nath Bastola, and Kedar Dhakal, and Inspector Nagendra Thakur had filed a petition at the apex court against their compulsory retirement. All five are set to retire due to age limit.
They had sought an interim order to not implement their retirement arguing that the Police Act does not have any provision for retirement due to age limit.
AIG Gyawali is set to retire on September 11 on the basis of age limit.
According to the provisions regarding compulsory retirement in the Police Rules, AIGs and DIGs are given compulsory retirement at the age of 56 while police inspectors are given retirement at the age of 53.
The petitioners have said that such provisions should be included in the Police Act itself.
Earlier, 21 officers of Nepal Police had filed a petition at the apex court seeking removal of the provision of 30-year service period for retirement.
Responding to the petition on August 22, a bench of Justice Hari Prasad Phuyal issued an interim order to not retire Nepal Police employees based on the 30-year service provision.
The court’s order has halted the mandatory retirement of 90 police officers who have completed 30 years of service in Nepal Police. The police officers were due to retire on September 1 based on the provision.
On Sunday, 12 officers of Armed Police Force including Deputy Inspector General Abhi Kumar Khatri had filed another petition at the Supreme Court seeking removal of the provision in Armed Police Force (APF) too.
However, Justice Saranga Subedi’s bench refused to issue an interim order in the petition and issued a show cause notice to the defendants on Tuesday.
With the court’s refusal to issue an interim order, some APF officers including the 12 petitioners are set to retire on September 1.
