HIMALAYAN NEWS SERVICE
KATHMANDU: The Supreme Court today asked Prime Minister Baburam Bhattarai and Chief Secretary Leela Mani Poudel to explain why they did not obey the apex court order staying the transfer of Irrigation Secretary Brinda Hada to the Office of the Prime Minister and Council of Ministers.
A single bench of Justice Tahir Ali Ansari issued the order following today’s hearing in a contempt case filed by Secretary Hada.
The bench has given seven days to the prime minister and the chief secretary to make their stances clear and asked Minister for Irrigation Mahendra Yadav and Secretary Pratap Kumar Pathak to appear in court within seven days to record their statements for not respecting the SC order.
On August 23 the apex court had stayed Hada’s transfer. Hada on August 30 had filed a contempt case against Prime Minister Bhattarai, Irrigation Minister Yadav, Chief Secretary Poudel and Secretary Pathak charging them with disrespecting the apex court ruling by not reinstating her. Hada in her petition had argued that her transfer was against Section 38 (2) (a) of the Civil Service Act, which calls for seeking consent from civil servants before they are transferred.
Stating that the government did not reinstate her even after the court order, Secretary Hada had moved the apex court charging the defendants with contempt and demanded punishment of up to one year in jail and Rs 10,000 fine as per the Supreme Court Act, 1991.