Govt tells SC DIG Silwal doctored performance evaluation report
Kathmandu, August 3
The government today argued before a seven-member full bench of Supreme Court that DIG Nawa Raj Silwal doctored his performance evaluation report to claim promotion to the post of inspector general of Nepal Police.
Deputy Superintendent of Police Sabin Pradhan deployed at Police Headquarters on behalf of Attorney General Raman Kumar Shrestha made a PowerPoint presentation in the bench to argue that Silwal had copied the marks from Prakash Aryal’s performance evaluation report. Aryal was later promoted to the post of IGP after the Supreme Court quashed the government’s decision to promote another DIG Jaya Bahadur Chand to the post of IGP.
Pradhan also argued before the bench that page 1 to 4 of the performance evaluation report submitted by Silwal were genuine while page 5 and 6 were doctored. He said the marks demonstrated on page 5 of Silwal’s performance report were copied from Aryal’s marks mentioned on page 3 of the latter’s performance evaluation report.
Pradhan argued that the handwritten words and alignments of words found on page 3 of Aryal’s performance report matched with the handwritten words and alignment of words on page 5 of Silwal’s performance report.
He also said that there were inconsistencies in the signatures found on Silwal’s performance evaluation report.
Earlier, when Attorney General Raman Kumar Shrestha sought the court’s permission to make a PowerPoint presentation, Senior Advocate Badri Bahadur Karki, who represents Silwal, argued before the court that a party to the case had no right to scrutinize the evidence presented by the opponent and it was up to the bench to scrutinize the evidences. The bench, however, gave permission to the AG to make a PowerPoint presentation.
Chief Justice Gopal Parajuli also allowed the AG to plead beyond 5:00pm which is the closing time. Shrestha told the bench that continuing hearing after 5:00pm could invite criticism, but the CJ ruled that the new Supreme Court regulation had incorporated a provision to allow the court to continue work even during off hours. CJ Parajuli, however, clarified that the regulation was yet to be published in Nepal Gazette.
CJ Parajulil fixed another hearing of the case for August 10 and told the parties that the bench might pass an order on that day.
The CJ also asked the attorneys representing the petitioners and defendants to present their pleading notes before August 10.
Earlier, Deputy Attorney Durga Bandhu Pokharel had argued before the court that as per Rule 41 of Police Regulation, the government can promote anyone among the eligible candidates, whom it deemed fit for the job, to the post of IGP. “The meaning of this provision is that the government can consider six other merits mentioned in Rule 41 that the competing candidates are required to have for promotion, but the government is free to choose that police officer whom it deems fit for the promotion,” he added.
DIG Silwal has argued in his writ petition that he should be promoted to the post of IGP as he had the highest performance evaluation marks among his competitors. Prakash Aryal has also filed a writ petition, arguing he should be promoted to the post of IGP as he has the highest score.
These cases are being heard in a seven-member full bench that comprises Chief Justice Gopal Parajuli, and justices Om Prakash Mishra, Kedar Prasad Chalise, Sharada Prasad Ghimire, Meera Khadka, Prakash Man Singh Raut and Purushottam Bhandari.
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