KATHMANDU: Attorney General Raghav Lal Vaidya on Sunday told the Supreme Court that the government held the authority to sack any army officer without even citing any legal ground.
“The government holds the absolute power to sack any officer and there is no need to extend the tenure of the officers,” Vaidya told the SC, pleading on behalf of the Defence Ministry to vacate the apex court’s interim order on the government’s decision to pension off eight brigadier generals.
A division bench of Justices Anup Raj Sharma and Prem Sharma has been examining the case.
Vaidya added that the government’s decision to pension off the generals was legally correct and that there was no obligation to prove its legality. “Since the government is the sole authority to take action against army officers as per the Military Act 2006, the apex court’s interim order to reinstate the brigadier generals should be vacated,” he argued.
The government’s chief legal advisor also claimed that the Royal Nepal Army Appointment, Promotion and Various Provision General Rules 1963 had already been overruled by the Military Act 2006. “Therefore the interim order issued by a single bench of Justice Kalyan Shrestha should be overturned,” he demanded.
Deputy Attorney General Kumar Chudal, Joint Attorney General Yuba Raj Subedi and advocates Krishna Prasad Sapkota and Satish Krishna Kharel also pleaded on behalf of the Defence Ministry. The hearing will continue tomorrow.