SC continues stay order

Kathmandu, July 18

The Supreme Court today decided to continue its stay order against the government’s decision to sack Chief Executive Officer of Deposit Credit Guarantee Fund Bishnubabu Mishra.

A division bench of justices Ishwar Prasad Khatiwada and Anil Kumar Sinha issued the order till the final decision on the case. The apex court passed the order after hearing arguments from both sides.

The bench observed that the government’s decision to sack Mishra was erroneous because it neither levelled any charge against him nor did it give him a chance to put forth his side of the story. The government had, on July 4, rescinded political appointments made by the Sher Bahadur Deuba, saying that those appointments were made after the Election Commission had enforced the election code of conduct.

Nepali Congress leaders had, however, defended Deuba government’s decision, saying that the government had lawfully made appointments in various institutions and had sought consent of the Election Commission when necessary.

Mishra was appointed by the Deuba government on October 13, 2017. The apex court said that Mishra was appointed through open competition for a period of four years with the consent of the Election Commission. The apex court also observed that Deposit Credit Guarantee Fund Act had given the DCGF CEO a four-year term.

“If the petitioner is sacked, it could cause him irreparable loss. Since it is appropriate to pass an interim order against the government’s decision, this court passes an order to continue the stay order passed by a single bench of this court on July 12,” the SC observed.

A number of government officials who were sacked by the KP Sharma Oli government had filed cases against the government’s decision and in most of those cases, the SC has already issued short term stay order. Mishra’s case was the first among them when the SC has decided to continue its stay order after hearing both sides of the case.