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National Court refuses to issue interim order on petition challenging Ghising’s appointmentA single bench of Chief Justice Cholendra Shumsher Rana refused to issue the order and has sought all relevant documents regarding the appointment process. Post Report The Supreme Court on Tuesday refused to issue an interim order on a writ petition filed against the appointment of Kulman Ghising as the new managing director of the Nepal Electricity Authority. Hitendra Dev Shakya, the erstwhile managing director of Authority, on August 16, had moved the Supreme Court challenging the appointment of Ghising as the new managing director of the state power utility. A single bench of Chief Justice Cholendra Shumsher Rana, however, has ordered the authorities concerned to present the original documents of the February 8 decision of the Cabinet to appoint Shakya as managing director, the August 9 decision of the Cabinet to appoint Ghising as managing director, the decision of the 869th meeting of the Authority’s Board of Directors and the Performance Agreement for Managing Director, 2077 signed between Shakya and the Nepal Electricity Authority. “The court will write to the parties concerned to present the relevant original documents, which they will have to submit within three days after receiving the court letter,” said Baburam Dahal, spokesperson at the Supreme Court, adding, “The court will issue a verdict in the case only after studying the documents.” Shakya, in his writ petition, has claimed that Ghising was appointed while the former was on a leave and the appointment process was carried out against the prevailing constitutional and legal provisions. He has asked the court to scrap the appointment. Shakya has said he has not tendered his resignation and was not legally relieved of the post. He has asked the apex court to order his reinstatement and direct the government and the Energy Ministry to facilitate the process. A meeting of the Cabinet on August 9 had appointed Ghising as the head of Nepal Electricity Authority. Following the appointment of Ghising, the government had appointed Shakya as an expert member to the Water and Energy Commission. However, Shakya, in his petition, has said that he was not interested in the new post and that his transfer does not meet the legal requirements.
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काठमाडौं । नेपाल विद्युत् प्राधिकरणका कार्यकारी निर्देशक कुलमान घिसिङको नियुक्ति विरुद्धको रिट निवेदनमाथि सुनुवाइका लागि आइतबार सर्वोच्च अदालतमा पेसी तोकिएको पनि ‘हेर्न नभ्याइने’ सूचीमा परेको छ । प्रधानन्यायाधीश चोलेन्द्रशमशेर जबराको एकल इजलासमा उक्त रिट निवेदनको पेसी तोकिए पनि उक्त रिट निवेदन आइतबार ‘हेर्न नभ्याइने’ सूचीमा परेको हो । प्राधिकरणका तत्कालीन कार्यकारी निर्देशक हितेन्द्रदेव शाक्यले कुलमानको नियुक्तिविरुद्ध रिट निवेदन दायर गरेका थिए । आफूलाई गैरकानुनी रूपमा हटाएर सरकारले घिसिङलाई प्रमुख कार्यकारी नियुक्त गरेको शाक्यको जिकिर छ । यसअघि प्रधानन्यायाधीश जबराकै इजलासले घिसिङलाई कार्यकारी निर्देशक नियुक्त गर्ने मन्त्रिपरिषद्को निर्णय, प्राधिकरण सञ्चालक समिति बैठकको निर्णय र शाक्य तथा प्राधिकरणबीच भएको सम्झौताको सक्कल फाइल झिकाउन आदेश दिएको थियो ।