Appoint CIAA chief pronto: SC
Added At: 2012-04-19 12:01 AM
Last Updated At: 2012-04-19 12:01 AM
HIMALAYAN NEWS SERVICE
KATHMANDU: The Supreme Court today directed the government to administer the oath of office and secrecy to Keshav Baral, who was appointed CIAA Commissioner two years ago, even if the existing Act has to be amended.
Baral, a retired Additional Inspector General of Police, was appointed to the post two years ago but could not assume the office, as he was not sworn in. As per the existing Act, the Chief Commissioner administers the oath to a commissioner of the CIAA but the post of the Chief CIAA Commissioner is lying vacant for the last four years. A division bench of Justices Damodar Prasad Sharma and Girish Chandra Lal directed the government to either appoint the head of the CIAA or amend the existing legal provision for administering oath to Baral, which may help in running the CIAA sans commissioners.
The bench directed government to either appoint CIAA chief commissioner or amend the existing provision because Baral has been deprived of the right to enjoy the perks of the job. Keeping such posts vacant for a long time is also against the spirit of the Interim Constitution, it observed.
On 21 January 2010, the President had appointed Baral CIAA commissioner following the parliamentary hearing special committee’s nod to appoint him to the post as per the recommendation of the Constitutional Council. The then chief justice, Anup Raj Sharma, had refused to administer the oath of office and secrecy to Baral when the government requested him to remove the hurdle. One-and-a-half-year after his appointment, Baral moved the apex court six months ago.